The concept of privacy rights emerged gradually. The Universal Declaration of Human Rights of 10 December 1948 stipulates, in Article 12, that "no one shall be subjected to arbitrary interference of his privacy, whether it be related to family, home or correspondence, nor to attacks to his honor and reputation. Everyone has the right to protection of the law against such interference or attacks."
In 1950, the European Convention of Human Rights added the right to respect an individual's private and family lives in its Article 8. A public authority cannot interfere with the implementation of this right except if the individual is going against the law.
Tags: Privacy law, Universal Declaration of Human Rights, European Convention of Human Rights
[...] The concept of privacy laws The right to personality is a fundamental right which belongs to everyone by the very fact that they are humans. This definition results in allocation of extra property rights to individuals. This notion (of the right to personality) and the rights it covers emerged gradually. Jurisprudence reflects this evolution by establishing the existence of personal rights, especially regarding the right to respect for privacy and images. Thus, Article 12 of the Universal Declaration of Human Rights of 10 December 1948 states that "no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attacks on his honor and reputation. [...]
[...] This is an aspect of privacy if the image was taken in a private place or an event which captured the private moments of a person. The right to image can also be a right to privacy insofar as it can be implemented so that privacy is not at issue. Finally, an argument which justifies the interpretation of the right to publicity as a property right is the fact that this right can be exercised as a monopoly for example, in cases where models sell their images. [...]
[...] Moreover, case law punishes the dissemination of a person's voice recorded during a telephone conversation or a private test (TGI Paris July 1977). The right to publicity is the law which allows a person to object to the reproduction and publication of his image. The right to publicity is an extra-patrimonial right as well as a property right. It is unclear whether this right is an aspect of privacy or a specific property right. To answer this question, a bill was registered by the National Assembly on 16 July 2003. But this question remains unanswered. [...]
[...] With respect to the home, the Court of Cassation ruled that publishing the photograph of a person's residence with the mention of his name and exact location (Cass.2è civ. June 2003) and more generally, the revelation of his address (Cass.1ère civ. November 1990) or any internal space constituting part of his habitat (Cass civ. first. November 2006) violated the laws on respect of privacy. This constitutes the right to inviolability of the home, and is still a way to protect privacy that mainly protects the home, which is the "fortress of the individual" in the words of Carbonnier. [...]
[...] However, the fact remains that if the truth is revealed publicly, it is well received. For example, if a person publicly demonstrates his commitment to a particular religion, then that person can no longer claim his right to respect of privacy vis-à-vis his religious beliefs, since they will no longer be "private", but will become public from the day of their publication. The sphere of professional life has so far escaped the constraints of the right to personality. However, this view was abandoned because of the condemnation by the European Court of Human Rights. [...]
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