Human Rights and Private Law: Privacy as Autonomy (Studies of the Oxford Institute of European and Comparative 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. Introduction: Human Rights And Private Law -- Privacy As Autonomy / Katja Ziegler -- The Core Business Of Privacy Law: Protecting Autonomy / Hans Nieuwenhuis -- Human Rights And Private Law / Lorenz Fastrich -- Horizontality And The Human Rights Act 1998 / Alison L Young -- Horizontal Effect Of Fundamental Rights, Privacy And Social Justice / Aurelia Colombi Ciacchi -- A Right To Privacy? / Nw Barber -- Privacy And Tort Design / Roderick Bagshaw -- Damages As A Remedy For Infringements Upon Privacy / Siewert Lindenbergh -- Privacy Of Contracts / Henricus Snijders -- Discrimination In Private Law -- New European Principles And The Freedom Of Contract / Dagmar Coester-waltjen -- Protection Of Employees' Individual Rights In The Employer-employee Relationship / Mark Freedland -- Constitutional Protection Of Authors' Moral Rights In The European Union -- Between Privacy, Property And The Regulation Of The Economy / Josef Drexl -- Private Control/public Speech / Leslie Kim Treiger-bar-am And Michael Spence -- The Princess And The Press / Privacy After Caroline Von Hannover V Germany / Katja Ziegler. Edited By Katja S. Ziegler. Includes Bibliographical References And Index.