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Bart van der Sloot, Where is the Harm in a Privacy Violation? Calculating the Damages Afforded in Privacy Cases by the European Court of Human Rights, 8 (2017) JIPITEC 322 para 1.
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%0 Journal Article %T Where is the Harm in a Privacy Violation? Calculating the Damages Afforded in Privacy Cases by the European Court of Human Rights %A van der Sloot, Bart %J JIPITEC %D 2017 %V 8 %N 4 %@ 2190-3387 %F van der sloot2017 %X It has always been difficult to pinpoint what harm follows a privacy violation. What harm is done by someone entering your home without permission, or by the state eavesdropping on a telephone conversation when no property is stolen or information disclosed to third parties? The question is becoming ever more difficult to answer now that data gathering and processing initiatives have grown and are no longer focused on specific individuals, but on large groups or society as a whole. What specific harm is done by the NSA and other intelligence services gathering data on almost everyone or by the thousands of CCTV cameras registering the daily life of citizens on the corner of almost every street? There has been a longstanding debate within the literature regarding whether ‘dignitary’ or ‘immaterial’ harm should be protected under the right to privacy. Or should only harm that can be measured and quantified in monetary terms (economic harm) be taken into account? This article takes a descriptive and statistical approach to provide an insight into what types of damages are awarded, how they are calculated, and how the damages relate to the type of harm that is inflicted. It does so by analysing the damages awarded by the European Court of Human Rights with respect to privacy violations. %L 340 %K Privacy %K damage %K financial compensation %K harm %K statistical analysis %U http://nbn-resolving.de/urn:nbn:de:0009-29-46414 %P 322-351Download
Bibtex
@Article{vandersloot2017,
author = "van der Sloot, Bart",
title = "Where is the Harm in a Privacy Violation? Calculating the Damages Afforded in Privacy Cases by the European Court of Human Rights",
journal = "JIPITEC",
year = "2017",
volume = "8",
number = "4",
pages = "322--351",
keywords = "Privacy; damage; financial compensation; harm; statistical analysis",
abstract = "It has always been difficult to pinpoint what harm follows a privacy violation. What harm is done by someone entering your home without permission, or by the state eavesdropping on a telephone conversation when no property is stolen or information disclosed to third parties? The question is becoming ever more difficult to answer now that data gathering and processing initiatives have grown and are no longer focused on specific individuals, but on large groups or society as a whole. What specific harm is done by the NSA and other intelligence services gathering data on almost everyone or by the thousands of CCTV cameras registering the daily life of citizens on the corner of almost every street? There has been a longstanding debate within the literature regarding whether `dignitary' or `immaterial' harm should be protected under the right to privacy. Or should only harm that can be measured and quantified in monetary terms (economic harm) be taken into account? This article takes a descriptive and statistical approach to provide an insight into what types of damages are awarded, how they are calculated, and how the damages relate to the type of harm that is inflicted. It does so by analysing the damages awarded by the European Court of Human Rights with respect to privacy violations.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-46414"
}
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TY - JOUR AU - van der Sloot, Bart PY - 2017 DA - 2017// TI - Where is the Harm in a Privacy Violation? Calculating the Damages Afforded in Privacy Cases by the European Court of Human Rights JO - JIPITEC SP - 322 EP - 351 VL - 8 IS - 4 KW - Privacy KW - damage KW - financial compensation KW - harm KW - statistical analysis AB - It has always been difficult to pinpoint what harm follows a privacy violation. What harm is done by someone entering your home without permission, or by the state eavesdropping on a telephone conversation when no property is stolen or information disclosed to third parties? The question is becoming ever more difficult to answer now that data gathering and processing initiatives have grown and are no longer focused on specific individuals, but on large groups or society as a whole. What specific harm is done by the NSA and other intelligence services gathering data on almost everyone or by the thousands of CCTV cameras registering the daily life of citizens on the corner of almost every street? There has been a longstanding debate within the literature regarding whether ‘dignitary’ or ‘immaterial’ harm should be protected under the right to privacy. Or should only harm that can be measured and quantified in monetary terms (economic harm) be taken into account? This article takes a descriptive and statistical approach to provide an insight into what types of damages are awarded, how they are calculated, and how the damages relate to the type of harm that is inflicted. It does so by analysing the damages awarded by the European Court of Human Rights with respect to privacy violations. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-46414 ID - van der sloot2017 ER -Download
Wordbib
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ISI
PT Journal AU van der Sloot, B TI Where is the Harm in a Privacy Violation? Calculating the Damages Afforded in Privacy Cases by the European Court of Human Rights SO JIPITEC PY 2017 BP 322 EP 351 VL 8 IS 4 DE Privacy; damage; financial compensation; harm; statistical analysis AB It has always been difficult to pinpoint what harm follows a privacy violation. What harm is done by someone entering your home without permission, or by the state eavesdropping on a telephone conversation when no property is stolen or information disclosed to third parties? The question is becoming ever more difficult to answer now that data gathering and processing initiatives have grown and are no longer focused on specific individuals, but on large groups or society as a whole. What specific harm is done by the NSA and other intelligence services gathering data on almost everyone or by the thousands of CCTV cameras registering the daily life of citizens on the corner of almost every street? There has been a longstanding debate within the literature regarding whether ‘dignitary’ or ‘immaterial’ harm should be protected under the right to privacy. Or should only harm that can be measured and quantified in monetary terms (economic harm) be taken into account? This article takes a descriptive and statistical approach to provide an insight into what types of damages are awarded, how they are calculated, and how the damages relate to the type of harm that is inflicted. It does so by analysing the damages awarded by the European Court of Human Rights with respect to privacy violations. ERDownload
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 8 (2017) 4 |
|---|---|
| Title |
Where is the Harm in a Privacy Violation? Calculating the Damages Afforded in Privacy Cases by the European Court of Human Rights (eng) |
| Author | Bart van der Sloot |
| Language | eng |
| Abstract | It has always been difficult to pinpoint what harm follows a privacy violation. What harm is done by someone entering your home without permission, or by the state eavesdropping on a telephone conversation when no property is stolen or information disclosed to third parties? The question is becoming ever more difficult to answer now that data gathering and processing initiatives have grown and are no longer focused on specific individuals, but on large groups or society as a whole. What specific harm is done by the NSA and other intelligence services gathering data on almost everyone or by the thousands of CCTV cameras registering the daily life of citizens on the corner of almost every street? There has been a longstanding debate within the literature regarding whether ‘dignitary’ or ‘immaterial’ harm should be protected under the right to privacy. Or should only harm that can be measured and quantified in monetary terms (economic harm) be taken into account? This article takes a descriptive and statistical approach to provide an insight into what types of damages are awarded, how they are calculated, and how the damages relate to the type of harm that is inflicted. It does so by analysing the damages awarded by the European Court of Human Rights with respect to privacy violations. |
| Subject | Privacy, damage, financial compensation, harm, statistical analysis |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-46414 |
