Until Death Do Us Part: Post-mortem Privacy Rights for the Ante-mortem Person

Davey, Tina (2020) Until Death Do Us Part: Post-mortem Privacy Rights for the Ante-mortem Person. Doctoral thesis, University of East Anglia.

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Abstract

The qualified right of privacy that the living have under Article 8 of the Human Rights Act 1998 ceases upon death. This thesis questions why this is so and why that which is private in life should not remain so in death. It demonstrates that, within the context of the digital era in particular, the ante-mortem person can be harmed by post-mortem breaches of privacy thereby justifying the extension of Article 8 protection beyond death. It does so by examining the theoretical and jurisprudential basis of a number of existing legal protections afforded to the dead together with the philosophical harm thesis and the importance of society’s ‘intuitive’ feelings towards those who have died. This research is a unique contribution to the post -mortem privacy scholarship which currently focuses on the protection and transmission of ‘digital assets’ on death rather than privacy per se and does not utilise the harm thesis to justify the protection of Article 8 as the mechanism for doing so.

Item Type: Thesis (Doctoral)
Faculty \ School: Faculty of Social Sciences > School of Law
Depositing User: Nicola Veasy
Date Deposited: 14 Apr 2021 10:14
Last Modified: 14 Apr 2021 11:00
URI: https://ueaeprints.uea.ac.uk/id/eprint/79742
DOI:

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