Right to private life, freedom of expression, public interest, Civil Code Article 9, European Convention Article 10, Constitutional Council, privacy protection, private life infringement
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Abstract
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Abstract
The right to respect for private life is a fundamental freedom protected by law, balanced with freedom of expression and public interest.
Extract
[...] 521-1 of the Code of Administrative Justice (document privacy is seized by law. The respect for privacy is a component of personality rights, namely the 'rights inherent to the human person that belong by right to every physical person (innate and inalienable) for the protection of primary interests' (document 13). The right to respect for privacy, which the Constitutional Council attaches in its jurisprudence to Article 2 of the Declaration of the Rights of Man and of the Citizen protecting 'the natural and imprescriptible rights of man' (documents 9 and is subject to protection by law, both domestically and internationally. [...]
[...] The European Court, on the other hand, strives to link a number of rights to Article 8 and private life, a link that is 'as convenient as it is inopportune'. Article which states that 'everyone has the right to respect for their private and family life, home and correspondence', would thus serve a protection mechanism 'by ricochet' and would become the 'catch-all' notion par excellence (documents 2 and 20). Because it is an autonomous notion, the right to respect for private life is a legally protected freedom. A fundamental freedom protected Private life is a legal notion, it is seized by the law that protects it. [...]
[...] As important as it is, the right to respect for private life must be balanced with other rights and interests. II- The balancing of the right to respect for private life The right to respect for private life is balanced with, on the one hand, the general interest and on the other hand, freedom of expression or information The general interest A balancing of the right to respect for private life can be carried out with the general interest. First, the "right to proof" in the context of an investigation or audit can justify the production of elements that infringe on private life, provided that the production is essential to the exercise of this right and the infringement is proportionate to the aim pursued. [...]
[...] In addition to the general interest, the right to respect for private life is also balanced with the freedom of expression or communication. The freedom of expression or information The freedom of expression, guaranteed by the European Convention in Article 10, is often balanced with the right to respect for private life. The right to respect for private life constitutes a limit to the freedom of expression or information, so that the author of a publication that would infringe the right to respect for private life of a person may be condemned to pay damages and interest. [...]
[...] The right to respect for one's private life is inalienable. It is not thus 'soluble in the doctrine of consent' so that the Paris Court of Appeal was able to rule in the case concerning Alexandre Dumas that 'the respect due to private life is a principle of public order that does not annul the contract for the transfer of his image signed by Alexandre Dumas' (document 5). Private life is also protected in labor law. The Labor Code would thus provide in Article L. [...]
