Recognizing the Right Not to Know: Conceptual, Professional, and Legal Implications

The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics
Graeme Laurie

Abstract

This article argues for the importance of conceptual clarity in the debate about the so-called right not to know. This is vital both at the theoretical and the practical level. It is suggested that, unlike many formulations and attempts to give effect to this right, what is at stake is not merely an aspect of personal autonomy and therefore cannot and should not be reduced only to a question of individual choice. Rather, it is argued that the core interests that can be protected by the right not to know are better conceived of as privacy interests rather than autonomy interests. This not only helps us to understand what is in play but also informs regulatory, professional, and legal responses to handling information and taking decisions about whether or not to disclose information to persons about themselves. The practical implications of this conceptualization are explored in the context of feedback policies in health-related research.

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Citations

Apr 29, 2020·The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics·Gary MarchantUNKNOWN LawSeq Liability Task Force
Jul 7, 2015·The American Journal of Bioethics : AJOB·Gabriel Lázaro-MuñozEric T Juengst
Nov 26, 2015·Journal of Medical Ethics·Jonathan Youngs, Joshua Simmonds
May 9, 2015·Movement Disorders : Official Journal of the Movement Disorder Society·Claustre Pont-SunyerRachel Saunders-Pullman
Nov 22, 2017·Personalized Medicine·Yvonne A StevensGary E Marchant
Mar 23, 2017·Journal of Medical Ethics·Mara Buchbinder
May 1, 2020·Journal of Medical Ethics·Ben Davies
Sep 25, 2017·Science and Engineering Ethics·Marcello IencaBernice Elger
Aug 27, 2016·Clinical Trials : Journal of the Society for Clinical Trials·Christopher R LongPearl A McElfish
Jan 18, 2018·The Journal of Medicine and Philosophy·Clair Morrissey, Rebecca L Walker
Apr 27, 2021·Global Bioethics = Problemi Di Bioetica·Cornelius EwuosoKris Dierickx
Aug 3, 2021·Ethical Theory and Moral Practice : an International Forum·Ben Davies, Julian Savulescu

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