The Concept of Privacy Introduction to Privacy and

Early History of Privacy • Aristotle: public sphere of politics (polis) vs. private/domestic sphere

First Definition by Lawyers – Warren & Brandeis 1890 “The right to be let

Construction of privacy by the EU European Convention on Human Rights (1950): Article 8

Definition - Alan Westin ("Privacy and Freedom”, 1967) “Privacy is the claim of individuals,

Definition – Census Decision (German Constitutional Court, 1983) • Right to Informational Self-Determination: Right

Construction of privacy by the EU (II) Charter of the Fundamental Rights of the

Privacy Dimensions • Informational privacy • Privacy of communications • Spatial privacy • Territorial

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The Concept of Privacy Introduction to Privacy and the GDPR Simone Fischer-Hübner CC-BY-4. 0

Early History of Privacy • Aristotle: public sphere of politics (polis) vs. private/domestic sphere of the family (oikos) • Long practiced concept, e. g. • Hippocratic Oath • Seal of confessions • Secrecy of letter correspondence (e. g. , in Prussia since 1712)

First Definition by Lawyers – Warren & Brandeis 1890 “The right to be let alone” 3

Construction of privacy by the EU European Convention on Human Rights (1950): Article 8 – Right to respect for private and family life (and right to information) Everyone has the right to respect for his private and family life, his home and his correspondence.

Definition - Alan Westin ("Privacy and Freedom”, 1967) “Privacy is the claim of individuals, groups and institutions to determine for themselves, when, how and to what extent information about them is communicated to others”

Definition – Census Decision (German Constitutional Court, 1983) • Right to Informational Self-Determination: Right of individuals to make their own decisions as regards the disclosure and use of their personal data. • Derived from the basic rights of Human Dignity & to Self-Determination (Art. 1 (1) & 2 (1) GG) • Fundamental right & elementary prerequisite for the functioning of a free democratic society BVerf. GE 65, 14

Construction of privacy by the EU (II) Charter of the Fundamental Rights of the European Union (2000): Article 7 - Respect for private and family life Everyone has the right to respect for his or her private and family life, home and communications. Article 8 - Protection of personal data 1. Everyone has the right to the protection of personal data concerning him or her. 2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis [laid down by law. 5/35].

Privacy Dimensions • Informational privacy • Privacy of communications • Spatial privacy • Territorial privacy • Bodily privacy 8