Definition of the Right to Privacy
Miscellanea / / July 04, 2021
By Javier Navarro, on Sep. 2018
In most constitutional texts of the Western world it is stated that every individual has right to personal and family privacy. This means that every person must be able to protect the most intimate aspects of her life, so neither the state nor any individual may intrude on its privacy without the free consent of the state. interested.
This right protects issues related to health, sexual inclinations, traditions, the education and, ultimately, matters of a personal or family nature. The protection of privacy by the legal framework means that the privacy of the individual cannot be used against him.
Another person's private space is inviolable, so no one can divulge information about another person. Otherwise, the right to privacy, honor and good reputation would be violated.
Privacy and honor are two closely related concepts
There are aspects of our private life about which we prefer not to disclose information, as it is about our personal privacy and we only want to share it with whoever seems appropriate. Consequently, our personal inclinations, physical or psychological characteristics and romantic relationships are part of individual privacy.
In the field of Justice there is a protection of privacy. The most common crimes against privacy are those that violate personal image and the disclosure of personal secrets.
As for honor, it is a right that everyone has without distinction
The right to honor implies the protection of one's own esteem, good name and reputation in society as a whole. This right has a technical difficulty from the legal point of view, since it is something relative and subjective.
In any case, the owner of said right is both the natural person and the legal person. Slander and insult are actions contrary to honor.
Both rights refer exclusively to private life, so public life is excluded from their protection. Logically, if someone makes his privacy known to the public, a conflict situation occurs. Thus, if a famous person sells his image to a media, you lose your right to privacy.
The right to freedom of expression can clash with the right to privacy and honor
The protection of the private sphere is recognized by the legal framework. However, there is also the Liberty from expression. This circumstance makes it not easy to precisely delimit the border between one right and the other.
Possible conflicts between the two require some evaluation criterion. Thus, the predominant role of the right to information must maintain a Balance adequate with the right to honor and privacy.
Photos: Fotolia - WoGi / Rainer Fuhrmann
Issues in Right to Privacy