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Privacy RevisitedA Global Perspective on the Right to Be Left Alone$
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Ronald J. Krotoszynski, Jr.

Print publication date: 2016

Print ISBN-13: 9780199315215

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780199315215.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 06 July 2022

The European Court of Human Rights

The European Court of Human Rights

Privacy Rights in Europe: Reconciling Privacy and Speech in the Era of Big Data

(p.143) Chapter 6 The European Court of Human Rights
Privacy Revisited

Ronald J. Krotoszynski Jr.

Oxford University Press

This chapter considers privacy in the jurisprudence of the European Court of Human Rights (ECHR), a supranational tribunal that enforces a kind of pan-European human rights law. The ECHR, established in the immediate aftermath of World War II, has been a leading expositor of human rights values for over 60 years. Consideration of the privacy jurisprudence of the ECHR helps to illustrate some of the points of tangent, and points of departure, between the wider world and the United States. The standard narrative, that Europe prioritizes privacy, whereas the United States prioritizes speech, does hold true—but only to a point. Significant common ground exists between Europe and the United States. This chapter argues that in the age of Big Data, both Europe and the United States will have to use this common ground to find ways of reconciling privacy and speech in the service of democratic self-government.

Keywords:   European Court, European Convention, privacy, speech, Big Data, United States, self-government

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