FREEDOM OF SPEECH IN RELATION WITH THE RIGHT TO PRIVATE LIFE IN THE DIGITAL ERA

Adriana Nicoleta Odina
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Adriana Nicoleta Odina: University "Eftimie Murgu", Resita, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2015, vol. 62, 24-34

Abstract: The Human Rights Council of the United Nations Organisation, remarking the „vast technological leaps” taking place in the digital era, as well as their impact on human rights nationally and worldwide, is considering the promotion of certain measures within a recent resolution.. The Council reminds „the universality, indivisibility, interdependence and interrelationing of all human rights and fundamental freedoms”; it acknowledges the need for promoting and protecting these rights in the context of the fight against terrorism, but affirms especially the protection of the right to the freedom of opinion and freedom of speech, the right to privacy respect – domicile and correspondence, the protection of honour, reputation and the right to one’s own image – for all persons. Thus, it establishes and promotes a special procedure to this respect, based on the international law, but also of guarantees of efficient internal liability (stipulation of attack ways, non-arbitrary examination of basic principles related to legality, evaluation of proportionality in relation with the surveillance practices etc.). For this purpose it identifies principles, clarifies standards and good practices of the protection of the right to private and family life.

Keywords: right to privacy in digital era; right to one’s image; special reporting expert; „just balance” between freedom of speech and the public’s need for information (search for similar items in EconPapers)
JEL-codes: K10 (search for similar items in EconPapers)
Date: 2015
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