Right to respect for privacy

Over and above the right to one’s personal image, respect for privacy sets limits on the freedom of artistic creation.

Stories, narratives, novels, biographies, autobiographies, works of information or of history, films and televised broadcasts give rise to disputes over what can or not be disclosed, as well as over the limits to protection of privacy, the use of private diaries, correspondence, family archives, secret documents and references to third parties.

Internet has become a major vector of communication, giving rise to rules and law suits over the protection of personal data out of a concern to respect privacy, personal honour and reputation (see heading e-commerce and e-reputation).

Prior to any law suit, authors or makers of publishable or disseminated material may need advice from LEGRAND LESAGE-CATEL specialist lawyers on the limits of their legal rights, on the necessary authorisations and approvals, and on the precautions to be taken. Is a person’s image easily recognisable? Have the details of their private life already been disclosed? Does advertising a product make it licit to refer to such or such a user of the product in real life? How make corrections and retractions? How to obtain redress after images and associated material have been disseminated on internet?

Among issues arising in connection with disputes and/or lawsuits, are freedom of artistic creation, freedom of information and its limits and exceptions, and the proportionality of sanctions— taking into consideration both French and EU law.

These take us beyond issues of infringement of droit d’auteur into neighbouring and often complementary fields where Cabinet LEGRAND LESAGE-CATEL specialist lawyers are guided by substantial case law.