In our present culture of information fetishism and the frivolous pursuit of visibility, the parameters of the private sphere are shifting in unusual ways. Rather than staunchly guarding one's private life, many are seemingly complicit in the demise of their own privacy through, for example, the sharing of personal matters to large social media audiences, or via a more passive participation in networked technologies. The fragmentary, and somewhat feeble, state of privacy law in Australia is illustrative of law's ambivalence towards this contemporary privacy subject. As extant doctrines and discourses struggle to accommodate the incongruences surrounding our engagement with privacy in the networked digital era, this article aims to bring to the law of privacy a more nuanced understanding of subjectivity and the conditions needed to pursue its purported aims. Specifically, this article seeks to explore the potential of Rogerian humanistic psychology to generate an alternative framework within which to critique, re-conceive and transform the dispositions of law's imagined privacy subject.
Available for download on Tuesday, December 01, 2020