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Privacy in Pursuit of a Purpose?

Lookup NU author(s): Dr Patrick O'Callaghan

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Abstract

This article argues that the English law of privacy lacks a clear sense of purpose and this can partly be attributed to an overreliance on “Strasbourg-speak”. It examines the European Court of Human Rights' confused and sometimes contradictory interpretation of the content of Art 8 of the European Convention on Human Rights and compares this to the German law on privacy, which is invested with a readily intelligible sense of purpose. The article argues that English courts should draw upon their rich common law culture and comparative law, particularly German law, to identify a clearer set of relevant principles so that the law's addressees know how to “go on” (in Wittgenstein’s sense).

Publication metadata

Author(s): O'Callaghan P

Publication type: Article

Publication status: Published

Journal: Tort Law Review

Year: 2009

Volume: 17

Issue: 2

Pages: 100-113

ISSN (print): 1039-3285

Publisher: Lawbook Co.

URL: http://ssrn.com/abstract=1484656

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