Human Rights and the Protection of Privacy in Tort Law

Human Rights and the Protection of Privacy in Tort Law
Author: Hans-Joachim Cremer
Publisher: Routledge
Total Pages: 305
Release: 2010-10-04
Genre: Law
ISBN: 1136913963

This book considers how English courts could use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights on Article 8 of the European Convention of Human Rights, to strengthen the protection of privacy in the private sphere.

Refining Privacy in Tort Law

Refining Privacy in Tort Law
Author: Patrick O'Callaghan
Publisher: Springer Science & Business Media
Total Pages: 184
Release: 2012-09-14
Genre: Law
ISBN: 3642318843

This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.

Protecting Privacy

Protecting Privacy
Author: B. S. Markesinis
Publisher:
Total Pages: 270
Release: 1999
Genre: Law
ISBN:

The right of privacy in the UK is a topic of much controversy between the media and the upholders of such a right. The Human Rights Act is likely to have a considerable impact on UK privacy law, introducing in the UK some of the principles which have long been in force in other European states as a result of the European Convention of Human Rights. The essays in this book examine the experiences of other countries, with similar political, economic and social situations, many of which provide better protection than the UK in cases of invasion of privacy.

The Right to Privacy

The Right to Privacy
Author: Samuel D. Brandeis, Louis D. Warren
Publisher: BoD – Books on Demand
Total Pages: 42
Release: 2018-04-05
Genre: Fiction
ISBN: 3732645487

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Tort Law and the Protection of Privacy

Tort Law and the Protection of Privacy
Author: John Hartshorne
Publisher: Routledge
Total Pages: 256
Release: 2015-12-15
Genre:
ISBN: 9780415733700

Historically the law of tort has offered limited protection for personal privacy using a patchwork of established torts such as private nuisance and battery. Until recently no tort was recognised in English law which was exclusively concerned with protecting what could properly be described as a 'privacy interest.' However, since the enactment of the Human Rights Act 1998 which brought about the incorporation into domestic law of Article 8 of the European Convention on Human Rights (ECHR) this is a branch of the law of tort which has seen rapid development, with the judiciary developing a tort of 'misuse of private information' which is now capable of preventing and remedying violations of the 'informational' aspects of personal privacy. The possibility of introducing a statutory tort of privacy has been considered by a number of review bodies but so far no progress has been made in this area. This book analyses the extent to which the law of tort currently affords protection against invasions of personal privacy and the remedies that are available. The book considers tort law and privacy in other common law jurisdictions including the US, Australia and New Zealand where debates concerning the legal protection of personal privacy are also taking place. It then goes on to explore the potential for a common law tort to be developed which would be capable of offering broader protection for personal privacy and its prospects for statutory codification.

Privacy and Human Rights

Privacy and Human Rights
Author: James Michael
Publisher: Aldershot, [England) : Dartmouth
Total Pages: 218
Release: 1994
Genre: Computers
ISBN:

The developments of communication technologies have been among the most spectacular in the recent years. These put major challenges for the protection of human rights and, in particular, the right to privacy. These also raise crucial ethical issues concerning the treatment, storing and access to information. This book aims at mapping the main questions in this area and presents some of the legal answers so far given.

Understanding Privacy

Understanding Privacy
Author: Daniel J. Solove
Publisher: Harvard University Press
Total Pages: 234
Release: 2010-03-30
Genre: Law
ISBN: 0674972031

Privacy is one of the most important concepts of our time, yet it is also one of the most elusive. As rapidly changing technology makes information increasingly available, scholars, activists, and policymakers have struggled to define privacy, with many conceding that the task is virtually impossible. In this concise and lucid book, Daniel J. Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family resemblances. His theory bridges cultural differences and addresses historical changes in views on privacy. Drawing on a broad array of interdisciplinary sources, Solove sets forth a framework for understanding privacy that provides clear, practical guidance for engaging with relevant issues. Understanding Privacy will be an essential introduction to long-standing debates and an invaluable resource for crafting laws and policies about surveillance, data mining, identity theft, state involvement in reproductive and marital decisions, and other pressing contemporary matters concerning privacy.

Remedies for Breach of Privacy

Remedies for Breach of Privacy
Author: Jason NE Varuhas
Publisher: Bloomsbury Publishing
Total Pages: 743
Release: 2018-10-18
Genre: Law
ISBN: 1509915621

Over the last 15 years, privacy actions have been recognised at common law or in equity across common law jurisdictions, and statutory privacy protections have proliferated. Apex courts are now being called upon to articulate the law governing remedies, including in high-profile litigation concerning phone hacking, covert filming and release of personal information. Yet despite the practical significance of the courts' approach to damages, injunctions and other remedies for breach of privacy, very little has been written on the topic. This book comprehensively analyses these developments from a comparative perspective and provides solutions to issues which are coming to light as higher courts forge this remedial jurisprudence and practitioners look for guidance. Significantly, the essays are important not only for what they say about remedies, but also for the attention they give to the nature of the new privacy actions, providing deep insights into substantive law. The book includes contributions by academics, practitioners and judges from Australia, Canada, England, New Zealand and the United States, who are expert in the legal disciplines implicated by privacy remedies, including torts, equity, public law and conflict of laws. By bringing together this range of perspectives, the book offers authoritative insights into this cutting-edge topic. It will be essential reading for all those seeking to understand and resolve the new issues associated with privacy remedies.

Privacy, Property and Personality

Privacy, Property and Personality
Author: Huw Beverley-Smith
Publisher: Cambridge University Press
Total Pages: 300
Release: 2005-11-24
Genre: Law
ISBN: 9781139447430

The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of the laws relating to commercial exploitation of personality in France, Germany, the United Kingdom and the United States. It examines the difficulties in reconciling privacy and personality with intellectual property rights in an individual's identity and in balancing such rights with the competing interests of freedom of expression and freedom of competition. This analysis will be useful for lawyers in legal systems which have yet to develop a sophisticated level of protection for interests in personality. Equally, lawyers in systems which provide a higher level of protection will benefit from the comparative insights into determining the nature and scope of intellectual property rights in personality, particularly questions relating to assignment, licensing, and post-mortem protection.