Personal Notes as an Integral Component of the Right to Privacy in the Context of Legal Protection of Personal Rights
Abstract:
In the process of better understanding the legal essence of personal rights and perfecting mechanisms for protection, it is especially interesting to analyze certain areas protected by personal rights, especially to check the legitimacy of interference in this area protected by the right to privacy. For the purposes of understanding fully the legal problem, it is important to consider the right to privacy in both, public and private dimensions and to establish their relationship.
Given the large-scale and complex scope of personal rights and especially right to personal life, it is appropriate to use a separation criteria proven in international practice to test the legitimacy of interference in a protected area. In particular, the application of the field theory known in legal doctrine. The theory allows to analyze the right to privacy within different dimensions by providing different standards of protection. The analysis of the related case law brings to light all the difficulties related to the placement of individual cases in a specific (private and intimate) area, in order to determine whether it is possible to consider a personal notes as an absolutely protected intimate area.
Doctrinal analysis reveals different views, which hinders the formation of a uniform case law around the issue.
The research is based on the analysis of legal doctrine and case law. The paper presents the conceptual approaches developed by different legal systems and the vicissitudes of Georgian legislation in a relatively legal context to determine whether specific areas of private life enjoy absolute protection and what circumstances allow legitimate interference in this area
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