Download or read book Human Rights and the Protection of Privacy in Tort Law written by Hans-Joachim Cremer and published by Routledge. This book was released on 2010-10-04 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Right to Privacy written by Louis Dembitz Brandeis and published by Good Press. This book was released on 2023-09-17 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Right to Privacy" by Louis Dembitz Brandeis, Samuel D. Warren. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
Download or read book Refining Privacy in Tort Law written by Patrick O'Callaghan and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Tort Law and the Protection of Privacy written by John Hartshorne and published by Routledge. This book was released on 2015-12-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Privacy and Human Rights written by James Michael and published by Aldershot, [England) : Dartmouth. This book was released on 1994 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Understanding Privacy written by Daniel J. Solove and published by Harvard University Press. This book was released on 2010-03-30 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Remedies for Breach of Privacy written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2018-10-18 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Privacy Property and Personality written by Huw Beverley-Smith and published by Cambridge University Press. This book was released on 2005-11-24 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Privacy and Free Enterprise written by Ian B. Lawson and published by . This book was released on 1993 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Core Concepts and Contemporary Issues in Privacy written by Ann E. Cudd and published by Springer. This book was released on 2018-04-03 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive investigation of privacy in the modern world. It collects 16 papers that look at this essential topic from many facets, from the personal to the technological, from the philosophical to the legal. The contributors examine such issues as the value of privacy protection, the violation of spreading personal falsehoods, the digital rights of children, an individual's right to be forgotten from internet search engines, and more. The organization of the volume helps provide a nuanced understanding of this often controversial topic. Coverage starts with key concepts before moving on to explore personal information privacy and the impact of new technologies. Next, the papers consider privacy in different contexts. These include work, sex, family, crime, and religion. This structure enables greater engagement with the difficult questions about privacy. Readers will gain deep insight into the core concepts of privacy as well as its application to everyday life. This interdisciplinary volume brings together an international team of scholars. They provide a broad combination of expertise in law, philosophy, and political science. Overall, this thought-provoking examination will appeal to interested readers in both academia and practice.
Download or read book Protecting Information Privacy written by Charles D. Raab and published by . This book was released on 2011 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting Privacy written by B. S. Markesinis and published by . This book was released on 1999 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Douglass V Hustler Magazine Inc written by and published by . This book was released on 1985 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tort Law and Human Rights written by Jane Wright and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a completely revised and expanded second edition, building on the first edition with two principal aims: to elucidate the role that domestic tort principles play in securing to citizens the human rights standards laid down in the European Convention on Human Rights, including the new 'remedy' under the Human Rights Act 1998; and to evaluate tort principles for compliance with those standards. The first edition was written when the Human Rights Act 1998 was newly enacted and many questions existed as to its potential impact on tort law. Answers to many of the questions, which were raised at that time, are only now emerging. Therefore, the text has been updated to reflect these developments. Whether it is appropriate to attribute particular goals and functions to tort law is highly contested and the analysis begins by locating the discussion within these contemporary debates. The author goes on to examine the extent to which the action against public authorities under section 7 of the Act has impacted on the development of common law principles, as well as the issue of horizontal effect of the Act between non-state actors. New chapters include: 'A Human Rights Based Approach to Tort Law' and 'Public Authority Liability and Privacy – From Misuse of Private Information to Autonomy.'
Download or read book Protecting Privacy in China written by Hao Wang and published by Springer Science & Business Media. This book was released on 2011-08-14 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, privacy is one of the most hotly debated topics worldwide. The book aims to balance the development of personal rights in a country that has historically valued collective rights over those of the individual. The protection of privacy is not an issue that has been emphasised during the rapid development of economic laws in China. However, the accompanying development of greater government-based regulation of these laws’ implementation has led to greater invasions of personal privacy. This study attempts to provide a way forward for China to address the ever-increasing concerns about the protection of privacy and puts forward a legislative model for protection. This is achieved after a thorough analysis of the threats to privacy protection in China, a critical evaluation of the level of current privacy protection in China, and an analysis of the privacy laws in a series of developed nations based on common law and civil law.
Download or read book The Influence of Human Rights and Basic Rights in Private Law written by Verica Trstenjak and published by Springer. This book was released on 2015-12-16 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
Download or read book Monitoring State Compliance with the UN Convention on the Rights of the Child written by Ziba Vaghri and published by Springer Nature. This book was released on 2022-01-03 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.