INFRINGEMENT OF PRIVACY VIA INTERNET

Vjekoslav Puljko (), Mirela Zupan () and Josipa Zivic ()
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Vjekoslav Puljko: Josip Juraj Strossmayer University of Osijek Faculty of Law, Republic of Croatia
Mirela Zupan: Josip Juraj Strossmayer University of Osijek Faculty of Law, Republic of Croatia
Josipa Zivic: Attorney office Vladimir Domac, Osijek, Republic of Croatia

Interdisciplinary Management Research, 2014, vol. 10, 829-838

Abstract: The development of the Internet has enabled instant access to information and its global transfer worldwide. Information whose content represents an infringement of personality rights and which was placed online on the Internet will go around the world in a moment. The question may be raised as to where the harmful event occurred, entailing the need for new legal regulation to possible privacy infringements. EU legislation that regulates this area has been placed to creative interpretations as it has been applied successfully in recent cases of damage inflicted by placing on the Internet content that infringes personality rights. Interpretation of the European Court of Justice is found unsatisfactory to majority of experts in private international law because it represents a limitation of the application of the relevant applicable law determined by conflict-of-law rules of a certain Member State for the purpose of ensuring the free movement of information society services. Many open questions regarding the Internet still need to be addressed by legislators and the entire legal profession.

Keywords: EU regulations; international jurisdiction; infringement of personality rights; Internet (search for similar items in EconPapers)
JEL-codes: K36 (search for similar items in EconPapers)
Date: 2014
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