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Privacy as Personality Right: Why the ECtHR’s Focus on Ulterior Interests Might Prove Indispensable in the Age of “Big Data” Cover

Privacy as Personality Right: Why the ECtHR’s Focus on Ulterior Interests Might Prove Indispensable in the Age of “Big Data”

Open Access
|Feb 2015

Abstract

Article 8 ECHR was adopted as a classic negative right, which provides the citizen protection from unlawful and arbitrary interference by the state with his private and family life, home and communication. The ECtHR, however, has gradually broadened its scope so that the right to privacy encroaches upon other provisions embodied in the Convention, includes rights and freedoms explicitly left out of the ECHR by the drafters of the Convention and functions as the main pillar on which the Court has built its practice of opening up the Convention for new rights and freedoms. Consequently, Article 8 ECHR has been transformed from a classic privacy right to a personality right, providing protection to the personal development of individuals. Apart from its theoretical significance, this shift might prove indispensable in the age of Big Data, as personality rights protect a different type of interest, which is far more easy to substantiate in the new technological paradigm than those associated with the right to privacy.

DOI: https://doi.org/10.5334/ujiel.cp | Journal eISSN: 2053-5341
Language: English
Published on: Feb 27, 2015
Published by: Ubiquity Press
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year
Keywords:

© 2015 Bart van der Sloot, published by Ubiquity Press
This work is licensed under the Creative Commons Attribution 3.0 License.