Description
THE REASONABLE EXPECTATION OF PRIVACY
Book Summary
This work provides an in-depth analysis of the legal concept of the reasonable expectation of privacy, from its origin in the 1967 U.S. Supreme Court case Katz to its current application in European and Spanish jurisprudence. The author examines how technological advancement and the digital economy, based on the exploitation of personal data, challenge the traditional notion of privacy. Through a study of the doctrine of the European Court of Human Rights and the Spanish Constitutional Court, the book offers a critical view on the balancing of conflicting rights, such as privacy, the right to one's image, and freedom of expression, proposing an objective concept of expectation linked to human dignity to face the challenges of the digital age.
What is it about?
The book begins with the Katz case (1967) of the U.S. Supreme Court, which established the reasonable expectation of privacy test to protect citizens from technological surveillance without the need for physical invasion of property. It then explores how this concept has been incorporated by the European Court of Human Rights (ECHR) as an additional criterion in the balancing of rights, without its absence automatically implying the loss of the right to private life. The work delves into the reception of this doctrine in Spain, analyzing two key areas: the secrecy of workers' communications, where business control measures are justified through a reduced proportionality test; and the privacy of famous people in public places, where it is observed that the protection of the right to one's image is more effective when appealing to the public interest than to the expectation of privacy. Finally, the study reveals a contradiction in the jurisprudence of the Spanish Constitutional Court: unlike the ECHR, the reduction of the expectation of privacy leads to the exclusion of protection, except in physical spaces where recourse is made to the right to data protection. The author proposes an objective concept of reasonable expectation, linked to human dignity, as the key to protecting privacy in the digital environment.
Main Topics
- Origin and evolution of the concept of reasonable expectation of privacy in U.S. law (Fourth Amendment).
- Incorporation of the reasonable expectation in the jurisprudence of the European Court of Human Rights (Article 8 of the ECHR).
- Critical analysis of the application of the expectation of privacy in Spanish law: secrecy of labor communications and protection of the privacy of public figures.
- Balancing of conflicting fundamental rights: privacy, self-image, freedom of expression, and data protection.
- The challenge of the digital economy and technological surveillance for individual privacy.
- Proposal for an objective concept of reasonable expectation of privacy based on human dignity.
Who is it recommended for?
This book is aimed at jurists, lawyers, judges, academics, and law students, especially in the areas of constitutional law, fundamental rights, and new technologies. It is also of great interest to professionals in the field of data protection, cybersecurity, and labor law, as well as any reader interested in current debates on privacy, surveillance, and the limits of technology in contemporary society.
What this book provides
- An exhaustive and updated analysis of the doctrine and jurisprudence on the reasonable expectation of privacy in the U.S., European, and Spanish spheres.
- A critical understanding of how fundamental rights are balanced in cases of conflict, especially in digital and work environments.
- Keys to understanding the differences and contradictions between the jurisprudence of the ECHR and the Spanish Constitutional Court regarding privacy.
- A solid conceptual proposal to face the challenges of privacy in the digital age, based on human dignity as an objective foundation.
- Tools to evaluate the proportionality of control and surveillance measures in labor and public contexts.
Technical Data
- Author: ROIG BATALLA, ANTONI
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Subject: FUNDAMENTAL RIGHTS AND PUBLIC FREEDOMS, RIGHT TO HONOR, PRIVACY AND IMAGE, FREEDOM OF EXPRESSION
- Collection: FONDO
- Binding: Paperback
- Date of publication: July 2024
- Number of pages: 344
- Weight: 670 g
Editorial Review
This is a rigorous and necessary work that addresses one of the most complex and dynamic concepts of contemporary law. Antoni Roig Batalla's research stands out for its ability to connect the jurisprudential origin of the concept with its most current practical applications, offering a critical and proactive vision. It is a reference book for those who need to understand how privacy is being redefined in the face of the omnipresence of technology, and is especially valuable for its detailed analysis of Spanish jurisprudence in comparison with European jurisprudence, as well as for its proposal of an objective foundation based on human dignity.