PROTECTION OF THE RIGHT TO PRIVACY AND PRIVATE SPHERE

Abstract

The best known classification of domains of privacy is by degree: secret/intimate, private and public sphere. The right to privacy protects the totality of man’s existence. It consists of the right to private life and the right to personal records. Private life is the personal scope of an individual’s activity in order to preserve and develop his moral and physical integrity, social contacts and emotional and other interpersonal relationships. The right to personal records consists of the right of image, the right of voice and the right of personal written records, as an absolute, subjective right of a natural person to independently decide on the introduction of third parties to records of personal character. Continental legal systems do not provide for offenses as special forms of violation of the right to privacy; violation of privacy rights is determined in each particular case, under the substantive law of that country; this also applies in the Republic of Serbia.

Restrictions on the right to private life are imposed by international acts, such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights, to protect higher interests such as national security, national health, public morality or other.