i Adolescence, Privacy, and the Law ii 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 iii Adolescence, Privacy, and the Law A Developmental Science Perspective Roger J.R. Levesque 1 iv 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 by publishing worldwide. Oxford is a registered trade mark of Oxford University 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 v 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 v vi vii 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’ vii viii viii Series Foreword 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 ix Adolescence, Privacy, and the Law