Privacy and Protection of Marginalized Social Groups

Abstract

Current notions of privacy protection may not offer adequate protection to persons in marginalized social groups because privacy protection is still predicated on an individual protection paradigm. Drawing on arguments advanced by privacy scholars on group privacy, and the application of the notion of group protection in data protection legislation, this article argues for incorporation of non-discrimination provisions in data protection laws and border control policy in order to enhance protection for those in marginalized social groups. It also purports that security and control of persons are both individual and group oriented and supports a similar group approach in privacy protection.