The Hypothesis of the Privacy of Ancients and Moderns
Résumé
Privacy paradox results from the observation of the contradiction between the expression of a strong attachment to “privacy” and the observed behaviors of hyper-displaying oneself which transgress the border between public and private space and contribute to one's own surveillance. Studies that have analyzed this “privacy paradox” have shown the existence of a market failure for the exploitation of personal data and of the privacy market. The evolution of the material and technical environment plays a significant role in the development of the notion of privacy and its conditions of exercise. The concept of personal data was reinforced by a decision of the Federal Constitutional Court of the Federal Republic of Germany in 1983, which revealed the existence of a “right to informational self-determination” based on the principle of the dignity of the human person enshrined in the country's basic law.