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Vol 22 No 9 Sept/Oct 2017

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Human Rights and Private Law: Privacy as Autonomy (eBook)

Edited by: Katja S Ziegler

ISBN13: 9781847317025
Published: April 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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Privacy today is much debated as an individual's right against real or feared intrusions by the state, as exemplified by proposed identity cards and surveillance measures in the United Kingdom. In contrast, invasions of privacy by private individuals or bodies tend to arouse less concern. This book attempts to fill the gap by looking at the horizontal application of human rights after Douglas v Hello, Campbell v MGN and Caroline von Hannover v Germany. It provides a conceptual and theoretical framework and also considers specific particularly sensitive areas of law relating to privacy protection, such as intellectual property, employment and media law. It provides comparative perspectives by relating Article 8 of the European Convention on Human Rights, which serves as a focal point, to UK, Dutch, German and European Communities law.

Several common threads are revealed running across jurisdictions and different areas of law and aspects of privacy. The most notable is the definition of privacy in terms of the autonomy of the individual, a notion associated with the liberal state in the classic sense but now acquiring more content as a human right also linked to ideas of social justice.

Subjects:
Human Rights and Civil Liberties, eBooks
Contents:
1. Introduction: Human Rights and Private Law - Privacy as Autonomy
KATJA S ZIEGLER
Part I Cross-Sectional Issues: Human Rights and Private Law
Part I.A Privacy as a Human Right in Conflict with Other Human Rights
2. The Core Business of Privacy Law: Protecting Autonomy
HANS NIEUWENHUIS
Part I.B Public-Private Law Cross-over: Horizontality of Human Rights
3. Human Rights and Private Law
LORENZ FASTRICH
4. Horizontality and the Human Rights Act 1998
ALISON L YOUNG
5. Horizontal Effect of Fundamental Rights, Privacy and Social Justice
AURELIA COLOMBI CIACCHI
Part I.C Privacy and Tort Law
6. A Right to Privacy?
NW BARBER
7. Privacy and Tort Design
RODERICK BAGSHAW
8. Damages as a Remedy for Infringements upon Privacy
SIEWERT LINDENBERGH
Part II Restraints on Privacy by Private Parties: Specific Issue Areas
Part II.A Contract Law
9. Privacy of Contract
HENRICUS J SNIJDERS
10. Discrimination in Private Law – New European Principles and the Freedom of Contract
DAGMAR COESTER-WALTJEN
Part II.B Labour Law
11. Protection of Employees’ Individual Rights in the Employer-Employee Relationship
MICHAEL COESTER
12. Privacy, Employment and the Human Rights Act 1998
MARK FREEDLAND
Part II.C Freedom of Expression and Personality Rights: Intellectual Property Law, Media Law
13. Constitutional Protection of Authors’ Moral Rights in the European Union – Between Privacy, Property and the Regulation of the Economy
JOSEF DREXL
14. Private Control/Public Speech
LESLIE KIM TREIGER-BAR-AM AND MICHAEL SPENCE
15. The Princess and the Press:Privacy after Caroline von Hannover v Germany
KATJA S ZIEGLER

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