Human Rights and the Protection of Privacy in Tort Law

A Comparison between English and German Law

Nonfiction, Reference & Language, Law, Communications, Civil Rights
Cover of the book Human Rights and the Protection of Privacy in Tort Law by Hans-Joachim Cremer, Taylor and Francis
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Author: Hans-Joachim Cremer ISBN: 9781136913952
Publisher: Taylor and Francis Publication: October 4, 2010
Imprint: Routledge-Cavendish Language: English
Author: Hans-Joachim Cremer
ISBN: 9781136913952
Publisher: Taylor and Francis
Publication: October 4, 2010
Imprint: Routledge-Cavendish
Language: English

In its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR) which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded mittelbare Drittwirkung or indirect ‘third-party’ effect in private law relationships.

The German law of privacy, centring on the "allgemeines Persönlichkeitsrecht", has quite a long history, and the influence of the European Court of Human Rights’ interpretation of the ECHR has led to a strengthening of privacy protection in the German law. This book considers how English courts could possibly use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights, to strengthen the protection of privacy in the private sphere.

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In its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR) which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded mittelbare Drittwirkung or indirect ‘third-party’ effect in private law relationships.

The German law of privacy, centring on the "allgemeines Persönlichkeitsrecht", has quite a long history, and the influence of the European Court of Human Rights’ interpretation of the ECHR has led to a strengthening of privacy protection in the German law. This book considers how English courts could possibly use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights, to strengthen the protection of privacy in the private sphere.

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