Privacy Legal Relationships
Forthcoming, in University of Bologna Law Review, Vol. 9.2/2024
33 Pages Posted: 29 Jan 2025
Date Written: September 18, 2023
Abstract
This work is aimed at initiating of discussion on general theory of privacy law. This article suggests beginning with classification of legal relationships arising in privacy sphere, as a first step toward identifying the flaws in privacy rulemaking and law application. The relational theory of law, underlying this work, explains why each privacy legal relationship will take its own direction and will form an object in a unique way. The method used in this work is classification of legal relationships using the bases adopted from theory of civil law. The work identifies at least ten types of privacy legal relationships, interpret them, shows them as a correlated dynamic system, highlights the patterns of their existence and draws parallels between some institutions of civil law and privacy law. Also, the concept of legal relationships discovers many mysteries of theory of privacy law and teaches us what is the object of subjective privacy right, what subjective obligations actually has the data controller and where they are formalized, why privacy notice is vital for lawful processing, what is the legal nature of consent and privacy notice, why consent collected "just in case" ruins the stability of legal relationships and also much more.
Keywords: Privacy, theory, law, informational, taxonomy, data subject, relationships, Classification, tort, extended self, self extention, post-mortem, umbrella
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