Responsible Information Sharing Converging boundaries between private and public in privacy and copyright law Vandendriessche Annelies Jütte Bernd Justin Copyright Law and Privacy Law both grant individuals exclusive control over the dissemination of expression or personal information, respectively. A number of criteria emerged in the ‘new public’ jurisprudence of the CJEU based on Article 3 Directive 2001/29/EC (InfoSoc Directive), that determine how right holders can retain control over copyright-protected works after their first publication. The Court established that the scope of a public in copyright law depends, among other factors, on the subjective intention of the person who exposes a work to an audience. The case law suggests that several ‘publics’ coexist, and that the exposure of works to one of these ‘publics’, does not automatically justify exposure to other public spheres. The exposure of these works to other ‘publics’, still remains under the control of the right holder. The paper suggests that the notion of a “new public” can be instrumental in better understanding the delimitation of public and private space in EU privacy law. The authors propose a concept of privacy as controlled public exposure, modelled on the notion of a “new public” under Article 3 of the Information Society Directive, and inspired by recent jurisprudence of the ECtHR on Article 8 ECHR, which protects the right to respect for private life. This, the authors argue, leads to an expansion of private spheres in public life. communication to copyright new public privacy, personal information reasonable expectations the public privacy personal information copyright reasonable expectations communication to the public new public 340 periodical academic journal JIPITEC 10 3 2020 310 329 2190-3387 urn:nbn:de:0009-29-50395 http://nbn-resolving.de/urn:nbn:de:0009-29-50395 vandendriessche2020