In its case law, the European Court of Human Rights has
acknowledged that national courts are bound to give effect to
Article 8 of the European Convention of Human Rights (ECHR) which
sets out the right to private and family life, when they rule on
controversies between private individuals. Article 8 of the ECHR
has thus been accorded mittelbare Drittwirkung or indirect a
~third-partya (TM) effect in private law relationships.
The German law of privacy, centring on the "allgemeines
PersAnlichkeitsrecht," has quite a long history, and the influence
of the European Court of Human Rightsa (TM) interpretation of the
ECHR has led to a strengthening of privacy protection in the German
law. This book considers how English courts could possibly use and
adapt structures adopted by the German legal order in response to
rulings from the European Court of Human Rights, to strengthen the
protection of privacy in the private sphere.
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