Chapter 1: The thorny issue of balancing rights
Conflicting Rights in Balance
Category:
Monograph Chapter
Published:
29 Dec 2017
Page Range:
6–44
Collection:
Law 2017
DOI:
https://doi.org/10.4337/9781785369360.00006
Restricted access

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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Cover Copyright and Information Privacy
Copyright and Information Privacy
Monograph Book
Published:
29 Dec 2017
Print ISBN:
9781785369353
eISBN:
9781785369360
DOI:
https://doi.org/10.4337/9781785369360
Pages:
c 360
Collection:
Law 2017
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