Chapter 1: The thorny issue of balancing rights
Conflicting Rights in Balance
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The chapter introduces the reader to the thorny issue of balancing conflicting rights. It includes an overview of the main theories on the concept of rights balancing and the proportionality principle and it illustrates what is the core of the book, namely the ongoing conflict between copyright and information privacy. The chapter also illustrates a possible different approach that courts adopt in solving this conflict, notably a ‘conceptual balancing’, that is balancing based on the core conception of colliding rights.

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