This chapter focuses on the most important and influential ethical theories of privacy. First, some of the important conceptual distinctions that figure prominently in the ethical literature on privacy will be discussed. Here, the definition and function of privacy are discussed. Second, the classical text that laid the foundation for all contemporary analyses of both the legal and moral right to privacy is discussed. Third, the most important and influential perspectives on privacy’s value, and what that implies for the norms that should regulate our behavior and policies, are discussed. In this section, perspectives that are critical of (particular aspects of) privacy are discussed as well. Fourth, some of the important contemporary ethical challenges to privacy and how they are addressed in the literature are discussed. In this section will mostly focus on technological developments and what they imply for privacy.The NSW Justice Department has released an Options Paper on Mandatory Disease Testing, following the 2017 NSW Parliamentary Committee inquiry into violence against emergency services personnel. The Committee's report recommended that the NSW Government consider introducing legislation to allow mandatory disease testing of people whose bodily fluids come into contact with police and emergency services personnel.
The Options Paper states
In February 2018, the NSW Government Response committed to consider the issues involved in establishing a legislative scheme and agreed to release an options paper for stakeholder consultation.
This options paper delivers on the NSW Government’s commitment to canvass the legal, ethical, operational and financial issues involved in considering whether, and how, a mandatory disease testing scheme could be implemented in NSW.
In most circumstances, it is likely people whose bodily fluids come into contact with an emergency services worker would consent to a blood sample being taken for testing, provided they are counselled by a health care worker. If the exposure occurred in circumstances where a person has committed an offence against an emergency services worker, that person may be less likely to consent to being tested, despite counselling. The efficacy of testing and the risks and benefits to emergency services personnel exposed to bodily fluids need to be carefully weighed against the impact on individuals who may be required to be mandatorily tested. Both the source person and the emergency services worker need to be assessed, counselled, and managed by a health care professional. Privacy of their health information is an important consideration. Consideration also needs to be given to the economic impact of such a scheme on government.
Considering these issues, this paper identifies the following potential options for reform:
• Option 1 – improvements to agency policy and practice to ensure emergency services personnel are promptly assessed, counselled and managed by a health care professional with access to specialist advice immediately following an exposure to potentially infectious body fluids.• Option 2 – changes to agency policy to allow the source person to be assessed, counselled and asked to consent to a sample being taken for testing by a heath care professional.• Option 3 – a consent-based scheme, with an option for a court ordered mandatory disease testing.• Option 4 – a scheme that would apply where an offence has been committed, with mandatory disease testing ordered by a senior police officer.
The options may be considered as standalone options, or could be combined with one or more of the other options.
