Information Privacy and Reputation

Abstract

Chapter Ten concerns the relationship between rights sustaining the liberty to publish and countervailing rights to respect for privacy and reputation. In European economic law, the rules of free movement support the liberty to publish. However, aside from the protection of personal data (Chapter Eleven), little EU law directly addresses the protection of information privacy and reputation, although there are scattered provisions on the right of reply. This area is dominated by European human rights law. Chapter Ten examines the special relationship between respect for privacy and freedom of expression under the ECHR, discussing the importance of 'public figure', 'public interest' and 'public domain' concepts in lowering privacy and libel liability thresholds where good faith and ethical conduct are shown. International law provides a loose parallel. However, trade law is not similarly bound to human rights law. Nor are the ICCPR rights to privacy and freedom of expression similarly merged.