The protection of horizontal privacy

The protection of horizontal privacy

(full text only available in Dutch)

Summary

Fundamental rights, such as the right to privacy, are primarily aimed at the protection of citizens against the state. But citizens may also violate the fundamental rights of others. For that reason, it is imperative to assess the extent to which fundamental rights (more specifically, the right to privacy) provide protection in ‘horizontal relationships’.
The topic of privacy violations in horizontal relationships is aimed at violations committed in the context of (i) actions of citizens towards each other and (ii) the relationship between citizens and legal persons (companies, associations, etc.). The protection of horizontal privacy is differentiated from the protection of vertical privacy, which concerns the relationship a citizen has with the state.

This research addresses a problem statement that can be divided into three sub-statements:

  • What lessons can be learned from the approach taken by other European countries with regards to the protection of horizontal privacy?
  • To what extent can these solutions be applied in the context of the Netherlands?
  • Are there any undesirable consequences or side-effects associated with the opportunities to provide effective protection to horizontal privacy in the Netherlands?

The countries that are involved in the legal comparative analysis are: Germany, Poland, Sweden and the United Kingdom.

Publication data

Author(s):
Schermer, B., Sloot, B. van der
Organization(s):
Considerati, Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT), WODC
Place of publication:
Amsterdam
Publisher:
Considerati
Year of publication:
2020

Order information

Address:
Cosiderati
 
De Boelelaan 7
 
Amsterdam
Phone:
020-7370069
E-mailaddress:
info@considerati.com
Website:
www.considerati.com