ILA Guidelines on the Protection of Privacy in Private International and Procedural Law (‘Lisbon Guidelines on Privacy’) and Commentary Thereto

94 Pages Posted: 7 Jul 2022

See all articles by Burkhard Hess

Burkhard Hess

Max Planck Institute Luxembourg for Procedural Law

Jan von Hein

Albert-Ludwigs-Universität Freiburg

Cristina M. Mariottini

University of Milan; Max Planck Institute for International, European and Regulatory Procedural Law

Date Written: June 30, 2022

Abstract

On 23 June 2022, the Lisbon Guidelines on Privacy, drawn up by the ILA Committee on the Protection of Privacy in Private International and Procedural Law, were formally endorsed by the International Law Association at the 80th ILA Biennial Conference. As evidenced by the accompanying Commentary, the Committee focused on the promotion of international co-operation and the contribution to predictability on issues of jurisdiction, applicable law, and circulation of judgments in privacy (including defamation) matters, taking into account, i.a., questions of fundamental rights. In this framework, the investigation delved also into the questions arising from the interface of privacy with personal data protection. Furthermore, it encompassed emerging phenomena such as Strategic Litigation Against Public Participation (‘SLAPP’).

As expounded in the Commentary, the Lisbon Guidelines on Privacy are premised on two fundamental principles: notably, (i) foreseeability of jurisdiction, and (ii) parallelism between jurisdiction and applicable law. They are accompanied by a detailed Article-by-Article Commentary, which provides a comprehensive analysis of the Guidelines, complemented by examples, including illustrations taken from copious national, regional and supranational jurisprudence.

Keywords: Jurisdiction, applicable law, circulation of judgments, privacy, defamation, freedom of expression and of the press, SLAPP

Suggested Citation

Hess, Burkhard and von Hein, Jan and Mariottini, Cristina M. and Mariottini, Cristina M., ILA Guidelines on the Protection of Privacy in Private International and Procedural Law (‘Lisbon Guidelines on Privacy’) and Commentary Thereto (June 30, 2022). MPILux Research Paper 2022 (4), Available at SSRN: https://ssrn.com/abstract=4155091 or http://dx.doi.org/10.2139/ssrn.4155091

Burkhard Hess (Contact Author)

Max Planck Institute Luxembourg for Procedural Law ( email )

4, rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

Jan Von Hein

Albert-Ludwigs-Universität Freiburg ( email )

Freiburg
Germany

Cristina M. Mariottini

Max Planck Institute for International, European and Regulatory Procedural Law ( email )

4 Rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

University of Milan ( email )

Via Festa del Perdono, 7
Milan, 20122
Italy

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