Abstract: of Pennsylvania Law School on October 28, 1985. The University of Pennsylvania Law Review would like to thank Hermann Knott and Franz Tepper, 1987 LL.M. candidates at the University of Pennsylvania Law School, for reviewing most of the German language material cited in this article. t Professor of Civil and Labor Law, Johann Wolfgang Goethe-Universitit, Frankfurt am Main; Data Protection Commissioner, State of Hesse, Federal Republic of Germany. 1 See, e.g., Griswold v. Connecticut, 381 U.S. 479 (1965) (identifying zones of individual privacy guaranteed by the United States Constitution); Millar v. Taylor, 98 Eng. Rep. 201, 242 (K.B. 1769) (\"It is certain every man has a right to keep his own sentiments, if he pleases: he has certainly a right to judge whether he will make them public, or commit them only to the sight of his friends.\"); B. MOORE, PRIVACY: STUDIES IN SOCIAL AND CULTURAL HISTORY (1984) (examining the concepts of public and private in various societies including 4th century B.C. Athens, ancient Hebrew society as reflected in the Old Testament, and ancient China at the age of the \"hundred philosophers,\" 551 B.C. to 233 B.C.). See generally Warren & Brandeis, The Right to Privacy, 4 HARV. L. REV. 193 (1890) (tracing the development of protection for the individual's person and property and advocating recognition of the right to privacy and of remedies for its violation). , In American law, recent discussion of the individual's right to privacy has arisen in cases involving sexual and reproductive matters, see, e.g., Bowers v. Hardwick, 106 S. Ct. 2841 (1986); Roe v. Wade, 410 U.S. 113 (1973), and in cases concerning collection or disclosure of information, see, e.g., Department of State v. Washington Post Co., 456 U.S. 595 (1982); Nixon v. Administrator of Gen. Servs., 433 U.S. 425 (1977); Whalen v. Roe, 429 U.S. 589 (1977); United States v. Miller, 425 U.S. 435 (1976); Department of the Air Force v. Rose, 425 U.S. 352 (1976). Other cases have involved the individual's right as to personal appearance, Kelley v. Johnson, 425 U.S. 238 (1976), as well as the right of privacy with regard to publicity upon arrest, Paul v. Davis, 424 U.S. 693 (1976), with both cases illustrating the tendency to restrict privacy to family, sexual, and reproductive matters. As to the individual's right of privacy in the context of criminal investigation, \"[clases are legion that condemn violent searches and invasions of an individual's right to the privacy of his dwelling.\" Miller, 425 U.S. at 451 (Brennan, J., dissenting) (quoting Burrows v. Superior Court, 13 Cal. 3d 238, 247, 529 P.2d 590, 596, 118 Cal. Rptr. 166, 172 (1974)). As to statutes, see, e.g., Freedom of Information Act, 5 U.S.C. § 552 (1982), amended by 4 U.S.C. § 402(2) (Supp. III 1985 & West Supp. 1986); Privacy Act of 1974, 5 U.S.C. § 552a (1982), amended by 1 U.S.C. § 107(9) (Supp. III 1985 & West Supp. 1986); Privacy Act, B.C. Stat. ch. 39 (1968) (British Columbia); CODE CIVIL [C. Civ.] art. 9 (Fr.); Loi relative a l'informatique, aux fichiers et aux libert&s, Loi No. 7817 of 6 January 1978, 1978 Journal Officiel de la Rfpublique Francaise [J.O.1 227,