What is a subjective expectation of privacy?

A subjective expectation of privacy refers to an individual's personal belief or mindset regarding their right to privacy in a specific context. This means that a person feels they are entitled to privacy based on their own perceptions and feelings, which can be demonstrated through affirmative actions. For example, if someone takes steps to ensure that their communications remain private, such as speaking quietly or using encrypted messaging, they are expressing a subjective expectation of privacy.

This concept is essential in legal contexts, particularly in evaluating whether a person's privacy expectations are reasonable and protectable under the law. Factors that inform this expectation can include societal norms, personal habits, and specific circumstances surrounding the context of the situation.

Options reflecting assumptions based on public opinion or collective agreements do not capture the individualized nature of subjective expectations. Similarly, an expectation tied solely to technological advancements does not encompass the personal mindset aspect that defines subjective expectations of privacy.