Your Basket is currently empty

Your Bookshelf is empty!

Your Basket is currently empty


Banner

Human Rights and Private Law

Privacy as Autonomy

Editor(s): Katja S Ziegler
Media of Human Rights and Private Law
See larger image
Published: 26-04-2007
Format: Hardback
Edition: 1st
Extent: 242
ISBN: 9781841137148
Imprint: Hart Publishing
Series: Studies of the Oxford Institute of European and Comparative Law
Dimensions: 234 x 156 mm
RRP : £55.00
 

: 14 -21 days

This book is also available in other formats: View formats

Delivery & Returns

Tell others about this product

Loren Epson

About Human Rights and Private Law

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.

Table Of 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

Reviews

“...this book makes a valuable contribution to the burgeoning literature on privacy...a well-coordinated collection of thoughtful and informative essays.” –  Elspeth Reid, Edinburgh Law Review, Vol 13

“…this is a very useful contribution to the growing literature on what is emerging as a key battlefield of ideas.” –  Journal of the Commonwealth Lawyers' Association, vol. 18 no. 1

Bookmark and Share
Close