TY - JOUR

T1 - The Right to Tell One’s Own Story? Balancing privacy and expression claims

AU - Doherty, Michael

PY - 2007

Y1 - 2007

N2 - This article addresses recent developments in the courts’ approach to the difficult balance between privacy claims and expression claims under Articles 8 and 10 European Convention of Human Rights. It argues that, despite clear guidance from the House of Lords, the lower courts have adopted a methodology that does not promote a fair and effective balancing of the rights. It argues further that the personal interest of an individual in communicating their own story has not been consistently recognised and incorporated into the balancing process. As personal speech claims are based on the same values of informational autonomy and self-development as privacy claims, this results in a conceptual as well as a practical imbalance.

AB - This article addresses recent developments in the courts’ approach to the difficult balance between privacy claims and expression claims under Articles 8 and 10 European Convention of Human Rights. It argues that, despite clear guidance from the House of Lords, the lower courts have adopted a methodology that does not promote a fair and effective balancing of the rights. It argues further that the personal interest of an individual in communicating their own story has not been consistently recognised and incorporated into the balancing process. As personal speech claims are based on the same values of informational autonomy and self-development as privacy claims, this results in a conceptual as well as a practical imbalance.

KW - Privacy

KW - Human Rights

M3 - Journal article

VL - 13

JO - Web Journal of Current Legal Issues

JF - Web Journal of Current Legal Issues

SN - 1360-1326

IS - 5

ER -