Some aspects regarding the concept of “privacy” of the natural person
Aspects of the right to privacy of individuals
Author(s): Dana-Elena MorarSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: privacy; right to private life; public figures; public life; press, protecting privacy; freedom of press; personality rights; European Convention of Human Rights
Summary/Abstract: This article proposes a brief analysis of the concept of “privacy” of the natural person. The concept of “privacy” has evolved in time, along with the evolution of the “personality rights”, among which, privacy has played an important role. Thus, “privacy” appears as a complex notion, which absorbs many elements, such as the ones regarding the identity and the state of health of the person, his|hers domicile, aspects concerning his|hers sexuality etc. In order to provide an efficient protection of the privacy of the natural person, one has to draw a line between it and the public life, which is somewhat difficult, in the case of “public figures”. The most frequent ways of breaching their privacy are being alledged by these public figures. They claim unjustified interferences of the press in their intimacy, the jurisprudence in this area being very rich. From this point of view, privacy collides with the freedom of the press, which is also guaranteed by the European Convention of Human Rights. In order to regulate this conflict, the doctrine has come up with some criteria, which remove the illicit nature of the press medling in the private lives of the plaintiffs. The evolution of the human society influences, the evolution of “privacy”, which is in fact a flexible and everchanging concept.
Journal: Acta Universitatis Lucian Blaga. Iurisprudentia
- Issue Year: 2008
- Issue No: 01
- Page Range: 104-110
- Page Count: 7
- Language: Romanian
- Content File-PDF