The Right to Privacy and Medical Confidentiality – Some Remarks in Light of ECHR Case Law

This chapter considers the right of the child to respect for private life from the perspective of three interrelated, but distinct, aspects. First, it considers the Court’s case law concerning the right to privacy, and the protection of one’s image. Second, it examines the development of the Court’s approach to the right to receive information—this ranges from rather conservative and paternalistic beginnings to a more robust protection of freedom of expression. Finally, the chapter analyses the Court’s jurisprudence concerning the right to identity, including the right to information on origins and rights concerning the naming of children and their citizenship.

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The Hart-Fuller Debate on Law and Morality Within the Prism of the Legal Foundation of the Right to Privacy in its Earlier Jurisprudential Interpretations in German Case-Law

Teisė ◽

10.15388/teise.2021.119.10 ◽

2021 ◽

Vol 119 ◽

pp. 157-172

Author(s):

Anatoliy A. Lytvynenko

Keyword(s):

Human Nature ◽

Case Law ◽

Right To Privacy ◽

The Right To Privacy ◽

Legal Foundation ◽

Law And Morality ◽

The 1950S ◽

The Right

The 1950s debate between the British and American legal philosophers, Lon Fuller and Herbert Hart, has been a clash between the positivist and natural theories of origination of law and jurisprudence, with the former method primarily suggesting that law and morality are not necessarily interconnected, though may coincide in some occurrences, while the latter sticks to development of law that is based upon the mores and values related to human nature, which creates the standards that society should follow in order to function properly. The former approach, as it is argued, is not actually deprived of moral factors. To examine how these debates could work on practice, I decided to choose the early developments of the general right to privacy as an example of “penumbral” rights and to review the positions of various courts within adjudicating cases in respect with the general right to privacy.

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The right to privacy under Article 8 of the European Convention of Human Rights and legality of epidemiological monitoring measures to combat the Covid-19 virus pandemic

Zbornik radova Pravnog fakulteta Nis ◽

10.5937/zrpfn0-28305 ◽

2020 ◽

Vol 59 (89) ◽

pp. 303-320

Author(s):

Jelena Milenković

Keyword(s):

Human Rights ◽

Far East ◽

Case Law ◽

Private Life ◽

European Countries ◽

European Convention ◽

Right To Privacy ◽

The Right To Privacy ◽

Epidemiological Monitoring ◽

The Right

In this paper, the author analyzes the protection of the right to privacy under Article 8 of the European Convention on Human Rights (ECHR) at the time of the Covid-19 virus pandemic. At the beginning of the pandemic, European countries had a large number of infected people and some countries encountered a collapse of their health systems. As the situation was beyond control, it raises the question whether such a situation was caused by the non-implementation of epidemiological monitoring measures, which is comparable to the extent and manner of implementing these measures in the Far East; namely, the question is whether the democratic system remained unprotected due to the EU countries' observance of democratic human rights standards, specifically the right to privacy. Given that epidemiological monitoring measures are currently the most important instrument for combating the Covid-19 virus pandemic, European countries have to fulfill the condition of legality in implementing these measures, which interfere with the citizens' right to privacy. In that context, the author explores the case law of the European Court of Human Rights (ECtHR), which ensures judicial protection of the rights guaranteed by the Convention (including the right to private life), focuses on the definition of the concept of the right to privacy, and examines whether epidemiological monitoring measures fall into the corpus of privacy rights. Relying on a detailed analysis of the ECtHR case law, the author points to the specific requirements that must be met in order for the epidemiological monitoring measures to be considered legal.

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FREEDOM OF EXPRESSION AND THE RIGHT TO RESPECT FOR PRIVATE LIFE

Srpska politička misao ◽

10.22182/spm.7042020.13 ◽

2021 ◽

Vol 70 (4/2020) ◽

pp. 249-265

Author(s):

Goran Ilic

Keyword(s):

Human Rights ◽

Freedom Of Expression ◽

Case Law ◽

Private Life ◽

European Convention ◽

Right To Privacy ◽

The Right To Privacy ◽

European Court ◽

The Right ◽

The Relationship

The paper analyzes the relationship between freedom of expression and the right to respect for honour and reputation. It was pointed out the importance that is given to freedom of expression nowadays, and it was especially considered the practice of the European Court of Human Rights. On that occasion, the difference that exists between public and private personalities was pointed out, as well as the doubts that may arise from the distinction between factual statements and value judgments. When it comes to the right to privacy, the author referred to the importance of honour and reputation, and on that occasion reminded of the “double” presence of these values. In one case it is Art. 10 of the European Convention on Human Rights, and in another the case law of the European Court of Human Rights regarding the meaning of the term of the right to privacy from Art. 8 of the European Convention on Human Rights. Solutions in domestic law and case law are analyzed, and special attention is paid to one case in which the relationship between freedom of expression and violation of honor and reputation was discussed. The specificity of this situation is reflected, inter alia, in the fact that we are talking about university professors. The author used the normative, comparative and historical method when writing the paper.

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ADMISSIBILITY OF PROVIDING INFORMATION CONSTITUTING MEDICAL CONFIDENTIALITY IN THE PUBLIC INTEREST

Russian-Asian Legal Journal ◽

10.14258/ralj(2020)1.7 ◽

2020 ◽

pp. 28-32

Author(s):

A.A. Serebryakov

Keyword(s):

Legal Regulation ◽

Health It ◽

Right To Privacy ◽

Legal Regime ◽

Medical Confidentiality ◽

The Public ◽

The Right To Privacy ◽

Russian Law ◽

The Right ◽

Legal Consequences

The article is devoted to this type of confidential information about a citizen, as information constitutinga medical secret. The legal regime of medical confidentiality is considered in the context of its relationshipwith personal secrecy and the right to privacy. The author concludes that initially information about thehealth of a citizen is protected under the regime of personal secrets. Herewith, the regime of medicalconfidentiality is called upon to provide additional guarantees to ensure the citizen’s right to confidentialinformation regarding his health. It has been established that restrictions on a citizen’s right to privacy andpersonal secrecy may arise from the characteristics of the legal regime of other types of secrets. Thus, theconsolidation in Russian law of the grounds for providing information constituting medical confidentiality tothird parties without the consent of a citizen by their nature and legal consequences limits the citizen’s rightsto privacy. At the same time, such restrictions can be justified if they are designed to ensure the protection ofpublic interests. On the example of road safety, the shortcomings of the existing legal regulation are shown.

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