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Privacy and personal rights on the Internet > Protection of Privacy and Personal Rights > Flashcards

Protection of Privacy and Personal Rights Flashcards

1
Q

What is privacy?

A

No legal definiton - Historical significance of actio iniurarium aestimatoria

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2
Q

Article 7 CFR (Respect for Private and Family Life)

A

Corresponds to Article 8 ECHR and focuses primarily on individual autonomy

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3
Q

International law on privacy

A

Article 12 Universal Declaration of Human Rights

Article 8 ECHR

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4
Q

Lopez Ribalda and others v Spain (2018)

A

“Private life” within the meaning of Article 8 ECHR is a broad term not susceptible of exhaustive definition. The concept of private life extends to aspects relating to personal identity, such as a person’s name or picture.

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5
Q

Rubio Dosamantes v Spain (2017) - spreading untested rumour about the sexual orientation and personal relationships of a well-known singer

A

Broadcasts intended solely to satisfy the curiousity of a section of the public about the details of a person’s private life, however famous, cannot be regarded as contributing to general interest

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6
Q

Lack of Compensation

A

For Article 8 to be applicable, an attack on a person’s reputation must have reached a certain degree of seriousness.

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7
Q

Environmental damage

A

Serious environmental damage can affect the well-being of individuals and deprive them of the opportunity to use their homes in a way that violates their private lives

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8
Q

The right of an individual to cultural heritage - lack of protection

A

No European consensus. International law currently links it to individual cases

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9
Q

Article 10 ECHR

A

Everyone has the right to freedom of expression, the exercise of which may be subject to such restrictions as are prescribed by law and are necessary in a democratic society, for various purposes, including the protection of the reputation or rights of others and preventing the disclosure of information received in confidence.

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10
Q

Article 8 ECHR

A

Everyone has the right to respect for his private and family life, his home and his correspondence. Public authorities may only interfere with the exercise of this right for various specific purposes insofar as is necessary in a democratic society, including the protection of the rights and freedoms of others.

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11
Q

When is a privacy violation permitted?

A
  • Action in the framework of the legal order
  • Acting with the consent of the authorised person
  • Acting in the legitimate public interest
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12
Q

Consent to a violation of personal right

A
  • Exclusion of unlawfulness
  • Exclusive circumstance
  • Factual Situaton/ Statement similar or a declaration of will
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13
Q

Quasi-legal act

A
  • Legal action (but not declaration of will)
  • One-sided
  • Revocable
  • Informal
  • Accessible to persons acting with sufficient discernment
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14
Q

Consent as a legal act?

A
  • Unilateral legal act
  • Informal
  • Revocable
  • Binding (?)
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15
Q

Types of authorisation to interfere

A
  • Consent given prior to the infringement = abstract/ specific
  • The “blank” consent is not effective
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16
Q

As a rule, no special form of consent is necessary

A

There are exception, e.g. permission to interfere with copyright in some countries must be given in writing.

Problem of implicit consent? E.g. Celebrity invites a journalist

17
Q

Revocability of consent collides with the principle of legal certainty

A

Appeal only up to the time of the infringement

18
Q

What is an image?

no legal definition

A

a close relationship between the development of strong protection for privacy and the development of commercial image rights. In some other jurisdictions protection of image rights has been based on the right to privacy. For example, in France the right to privacy set down in Article 9 of the Civil Code has been interpreted widely to protect private individuals and commercial aspects of personality.

19
Q

Who is entitled to an image?

A
  • Only a human being
  • Not a legal person nor animal
  • If there are many people in a photograph, then there are many images
20
Q

The voice of the human being is not usually protected spearately in image + voice scenario

A

The dominant position is that recording someone else’s voice does not constitute a violation of law, unless the content of the statement contains information whose recording constitutes a violation

21
Q

What do personal rights mean?

A
  • Lack of uniform meaning of ‘personal rights’ apart from legal meaning
  • It is necessary to refer to common values such as social, cultural and moral but the scope and meaning of this concept may vary according to time or place.
22
Q

Article 12 of the Universal Declaration of Human Rights, adopted by the United Nations General Assembly

A
  • No person’s private, family, domestic or correspondence life or correspondence may be interfered with arbitrarily, nor may his or her honour or good name be insulted.
  • Everyone has the right to legal protection against such interference or abuse.
23
Q

What does “private life” refer to?

A

Judgment of the European Court of Human Rights of 9 January 2018. 1874/13 López Ribalda and others v. Spain - “Private life” within the meaning of Article 8 of the Convention is a broad term not susceptible of exhaustive definition.

24
Q

López Ribalda and others v. Spain - lack of compensation

A

The right to protection of the good name is a right protected by Article 8 of the Convention as part of the right to respect for private life, even if the person is criticised in the public debate.

25
Q

Article 1 ECHR

A

Human dignity is inviolable. It must be respected and protected.

26
Q

Article 3 ECHR

A

Everyone has the right to respect for his or her physical and mental integrity. It is also worth mentioning

27
Q

Article 7 ECHR

A

Everyone has the right to respect for private and family life, the home and communication.

28
Q

Article 17 International Covenant on Civil and Political Rights opened for signature in New York City 19 December 1966

A

(1) No one shall be subjected to arbitrary or unlawful interference with his privacy, family life, home or correspondence, or to unlawful attacks on his honour and reputation.
(2) Everyone has the right to legal protection against such interference and attacks.

29
Q

US Privacy Protection System

A

The right of publicity - commercial use of the image

Privacy – non-commerical scope of protection

30
Q

German system of privacy protection

A

Since 1954 a.c. - the general right of personality must be universally recognised as a fundamental right, guaranteed constitutionally

31
Q

French system of privacy protection

A

Article 9 French CC - everyone has the right to respect for his or her private life.

A judge may, without a decision on compensation for the harm suffered, take measures such as seizure, confiscation or other appropriate measures to prevent or deter further intrusions into the life of the person concerned

32
Q

Scope of Protection of Personal Rights in Polish Civil Code - Article 23

A

Human personal rights, in particular health, freedom, honour, freedom of conscience, surname or pseudonym, image, correspondence secret, inviolability of housing, scientific, artistic, inventive and rationalising work, shall be protected by civil law irrespective of the protection provided for in other provisions.
– No clear definition
– Catalogue is not closed
– Personal goods are “discovered”.

33
Q

Personal Right Protection art. 24 Polish CC

A

Whose personal interest is threatened by someone else’s act may demand that this act be omitted, unless it is not illegal. In the event of a breach, the person who committed the breach may also demand that the person who committed the breach perform the actions necessary to remove its consequences, in particular that he or she make a statement of appropriate content and form. Under the principles provided for in the Code, he may also demand monetary compensation or payment of an appropriate sum of money for a specified social purpose.

34
Q

When is privacy violation not illegal

A

Action in the framework of the legal order e.g. police

Acting with the consent of the authorised person

Acting in a legitimate public interest, e.g. a journalistic investigation

35
Q

Scope of consent autonomy

A
  • Factual situation
  • A statement similar to a declaration of will
  • Declaration of will
36
Q

Content of consent

A
  • No general rule
  • Relative evaluation to the type of personal good
  • Concretisation obligation
  • Special provisions on consent, e.g. medical treatment
37
Q

Who gives consent?

A
  • Person whose personal effects are subject to interference
  • Problem of legal capacity, e.g. a person aged 13
  • Defects in declarations of intent, e.g. acting under the influence of a threat or error
  • Scope of the consent granted and protection of personal rights of third parties (e.g. family, friends) - the consent may concern only those matters which are at the disposal of the person granting the consent
38
Q

Conditions of effective consent

A

(a) Absence of specific provisions excluding the admissibility of consent
(b) Authorised person
(c) Legal capacity
(d) No defect in the declaration of will

Privacy and personal rights on the Internet (2 decks)

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