The Tort (or Scottish Delict) of Privacy from Thomas More’s Utopia to the ‘Tate Gallery’ Case via Air Drones

Privacy is one of the most pressing issues in contemporary society. At first sight, it may seem to be a problematic concept only in light of technological development and digital surveillance. Yet privacy is not a modern invention. Its roots can be traced back to Roman law, which protected the private sphere through specific remedies and actions.This article undertakes a historical excursus through the common law tradition, with a particular focus on English and Scottish law, to show that privacy is not merely an individual entitlement but a social construct shaped by institutions, space, and collective norms. By tracing privacy between ancient and modern poles, the paper argues that privacy requires us to act as guardians of both our collective and personal spheres, and to balance autonomy and dignity with social responsibility.