Personality law

Introduction

The right of personality is a fundamental part of the legal system that protects personal freedom and the dignity of the individual. It encompasses a variety of rights and freedoms that allow individuals to exercise control over their personal information, image, and other aspects of their identity. In this article, we will discuss in detail the right of privacy, the related legal issues and the laws involved.

Definition of the right of personality

The right of personality refers to the rights of a person in relation to his personality and identity. It protects the individual’s ability to make decisions about personal matters and protects against unauthorized invasions of privacy and personal privacy.

Components of the right of personality

Right to privacy

The right to privacy protects the individual’s interest in protecting personal information from unauthorized access and disclosure. It allows people to have some degree of control over what information is known about them and how that information is used.

Right to your own image

The right to one’s own image protects a person’s interest in controlling how his or her physical appearance, particularly photographs and videos, are used. It prohibits the unauthorized publication or use of a person’s image without their consent.

Protection against defamation and slander

The right of personality also protects against false statements that could damage a person’s reputation. Defamation refers to written or published false statements, while slander concerns oral false statements.

Protection of personal honor

The right also protects an individual’s personal honor, which means that it provides protection against insults, humiliation, and other acts that might violate a person’s dignity.

Legal issues in connection with the right of personality

Consent to use the image

One of the most frequent legal questions in connection with the right of personality concerns consent to the use of a person’s image. When is consent required? What happens if an image is used without consent?

Data protection and data collection

With the advent of technology and social media, data privacy and data collection have become important issues in the field of personal rights. How can personal data be protected? What rights do individuals have regarding the collection and use of their data?

Online reputation and cyberbullying

The Internet has created new challenges to privacy law, particularly with respect to online reputation and cyberbullying. How can individuals protect their online reputation? What remedies are available to victims of cyberbullying?

Postmortem personal right

The post-mortem right of personality refers to the protection of a person’s personal rights after his or her death. How to protect the rights and legacy of deceased?

Laws concerned

Basic Law (GG) in Germany

In Germany, the general right of personality is enshrined in Article 2 (1) in conjunction with Article 1 (1) of the Basic Law. It protects personal rights as part of human dignity.

General Data Protection Regulation (GDPR) in the EU

The GDPR is an important law in the European Union that regulates the protection of personal data. It gives people control over their personal data and sets strict requirements for organizations that process data.

Civil Code (BGB) in Germany

The Civil Code contains provisions on the protection of personal rights, in particular with regard to the right to one’s own image and protection against defamation.

US law

In the U.S., there is no specific federal privacy legislation, but there are several state laws and judicial precedents that protect aspects of privacy rights, such as the right to privacy and the right to one’s own image.

Conclusion

The right of personality is an essential component of legal protection, which protects the dignity, privacy and identity of the individual. It encompasses a wide range of rights, from control over personal information to protection from defamation. Given the rapid pace of technological developments and the increasing digitization of society, it is more important than ever to understand the legal issues surrounding privacy rights and which laws apply to protect them. It is also advisable to seek legal advice in the event of concerns or violations of privacy rights.