Adolescence, privacy, and the law: a developmental science perspective

233 Pages·2017·1.888 MB·English

by  Levesque, Roger J. R

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Adolescence, Privacy, and the Law
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American Psychology- Law Society Series
Series Editor Juveniles at Risk: A Plea for Preventive
Patricia A. Zapf Justice
Christopher Slobogin and
Editorial Board
Mark R. Fondacaro
Gail S. Goodman
Thomas Grisso The Ethics of Total Confinement
Craig Haney Bruce A. Arrigo, Heather Y. Bersot, and
Kirk Heilbrun Brian G. Sellers
John Monahan
International Human Rights and Mental
Marlene Moretti
Disability Law
Edward P. Mulvey
Michael L. Perlin
J. Don Read
N. Dickon Reppucci Applying Social Science to Reduce Violent
Ronald Roesch Offending
Gary L. Wells Edited by Joel Dvoskin, Jennifer L. Skeem,
Lawrence S. Wrightsman Raymond W. Novaco, and
Kevin S. Douglas
Books in the Series
Children Who Resist Postseparation
Trial Consulting
Parental Contact
Amy J. Posey and Lawrence S. Wrightsman
Barbara Jo Fidler, Nicholas Bala, and
Death by Design Michael A. Saini
Craig Haney
Trauma, Stress, and Wellbeing in the
Psychological Injuries Legal System
William J. Koch, Kevin S. Douglas, Edited by Monica K. Miller and
Tonia L. Nicholls, and Melanie L. O’Neill Brian H. Bornstein
Emergency Department Treatment Psychology, Law, and the Wellbeing of
of the Psychiatric Patient Children
Susan Stefan Edited by Monica K. Miller,
Jared C. Chamberlain, and
The Psychology of the Supreme Court
Twila Wingrove
Lawrence S. Wrightsman
Murder in the Courtroom: The Cognitive
Proving the Unprovable
Neuroscience of Extreme Violent Behavior
Christopher Slobogin
Brigitte Vallabhajosula
Adolescents, Media, and the Law
Rational Suicide, Irrational
Roger J. R. Levesque
Laws: Examining Current Approaches
Oral Arguments Before the Supreme Court to Suicide in Policy and Law
Lawrence S. Wrightsman Susan Stefan
God in the Courtroom International Perspectives on Violence Risk
Brian H. Bornstein and Monica K. Miller Assessment
Expert Testimony on the Psychology of Edited by Jay P. Singh, Stål Bjørkly,
Eyewitness Identification and Seena Fazel
Edited by Brian L. Cutler Adolescence, Privacy, and the
The Psychology of Judicial Decision- Making Law: A Developmental Science
Edited by David Klein and Perspective
Gregory Mitchell Roger J.R. Levesque
The Miranda Ruling: Its Past, Present,
and Future
Lawrence S. Wrightsman and
Mary L. Pitman
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Adolescence, Privacy, and
the Law
A Developmental Science Perspective
Roger J.R. Levesque
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1
Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
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Press in the UK and certain other countries.
Published in the United States of America by Oxford University Press
198 Madison Avenue, New York, NY 10016, United States of America.
© Oxford University Press 2017
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly permitted
by law, by license, or under terms agreed with the appropriate reproduction
rights organization. Inquiries concerning reproduction outside the scope of the
above should be sent to the Rights Department, Oxford University Press, at the
address above.
You must not circulate this work in any other form
and you must impose this same condition on any acquirer.
Library of Congress Cataloging- in- Publication Data
Names: Levesque, Roger J. R.
Title: Adolescence, privacy, and the law : a developmental science perspective / Roger J. R. Levesque.
Description: Oxford ; New York : Oxford University Press, [2017] | Series: American
psychology-law society series | Includes bibliographical references and index. | Description
based on print version record and CIP data provided by publisher; resource not viewed.
Identifiers: LCCN 2016019353 (print) | LCCN 2016018964 (ebook) | ISBN 9780190460808
(ebook) | ISBN 9780190460792
Subjects: LCSH: Teenagers—Legal status, laws, etc.—United States. | Privacy, Right of—United
States. | Privacy, Right of—Social aspects—United States. | Socialization—Political aspects—
United States. | Law and the social sciences—United States. | Youth development—United States.
Classification: LCC KF479 (print) | LCC KF479 .L479 2016 (ebook) | DDC 323.44/808350973—dc23
LC record available at https://lccn.loc.gov/2016019353
9 8 7 6 5 4 3 2 1
Printed by WebCom, Inc., Canada
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Contents
Series Foreword vii
1. Privacy Law and Adolescence 1
2. Decisional Privacy 16
3. Spatial Privacy 56
4. Informational Privacy 96
5. The Developmental Science of Privacy 136
6. Reshaping Adolescents’ Privacy Rights 164
References 197
About the Author 209
Index 211
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Series Foreword
This book series is sponsored by the American Psychology- Law Society
(APLS). APLS is an interdisciplinary organization devoted to scholarship,
practice, and public service in psychology and law. Its goals include advanc-
ing the contributions of psychology to the understanding of law and legal
institutions through basic and applied research; promoting the education of
psychologists in matters of law and the education of legal personnel in mat-
ters of psychology; and informing the psychological and legal communities
and the general public of current research, educational, and service activities
in the field of psychology and law. APLS membership includes psychologists
from the academic, research, and clinical practice communities as well as
members of the legal community. Research and practice is represented in
both the civil and criminal legal arenas. APLS has chosen Oxford University
Press as a strategic partner because of its commitment to scholarship, quality,
and the international dissemination of ideas. These strengths will help APLS
reach its goal of educating the psychology and legal professions and the gen-
eral public about important developments in psychology and law. The focus
of the book series reflects the diversity of the field of psychology and law, as
we will publish books on a broad range of topics.
In the latest book in the series, Adolescence, Privacy, and the Law:
A Developmental Science Perspective, Roger Levesque, a legal scholar, pro-
vides the foundation for understanding privacy rights and how they relate
to adolescents, exploring the place of privacy in adolescent development and
building on this to delineate ways in which to better address adolescents’
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privacy rights and needs as well as society’s broader privacy interests.
Levesque argues that privacy is an inherently social phenomenon that can
be shaped more effectively. He begins by providing an overview of the three
major strands of privacy rights— decisional, spatial, and informational— and
then extends our current understanding of these three main strands with
how the legal system addresses adolescents and their legal status. Levesque
presents comprehensive and specific analyses of the place of privacy in ado-
lescent development and its outcomes, the influences that shape adolescents’
expectations and experiences of privacy, and ways to effectively shape ad-
olescents’ use of privacy. He explains why privacy law must move in new
directions to address privacy needs and highlights the legal foundation for
moving in new directions.
Adolescence, Privacy, and the Law: A Developmental Science Perspective
challenges jurisprudential analyses claiming that developmental sciences do
not offer important and useful tools to guide responses to adolescents’ privacy.
It charts broad proposals to guide the development of sociolegal responses to
changing social environments related to the privacy of adolescents. Scholars,
researchers, policymakers, and practitioners will undoubtedly find that this
book has the potential to help shape the future of our thinking, policy, and
lawmaking regarding privacy rights and needs.
Patricia A. Zapf
Series Editor
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Adolescence, Privacy, and the Law