This chapter provides a comprehensive conceptual analysis of the second possible interpretation of “reasonable expectations”, the “normative model”. Where judges or other legal actors employ the normative model, they ask “What kind of information processing should the concerned individuals expect from a normative point of view?”. Again, the chapter first provides a conceptual breakdown of the model, before illustrating its functioning on the basis of existing case law and examining its normative justifiability. While in theory the approaches to answering the question “What privacy should individuals expect?” are endless, the chapter shows that, in practice, judges mostly adopt one of four methods: they determine privacy expectations either by relying on a combination of broad judicial discretion and stare decisis, by integrating existing positive law, by adopting some form of interests balancing or by tethering decisions to prevailing social norms. The chapter evaluates these different modes of determining normative expectations and provides comprehensive analyses of their respective risks and gains.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

The Normative Model

  • Paul Friedl

摘要

This chapter provides a comprehensive conceptual analysis of the second possible interpretation of “reasonable expectations”, the “normative model”. Where judges or other legal actors employ the normative model, they ask “What kind of information processing should the concerned individuals expect from a normative point of view?”. Again, the chapter first provides a conceptual breakdown of the model, before illustrating its functioning on the basis of existing case law and examining its normative justifiability. While in theory the approaches to answering the question “What privacy should individuals expect?” are endless, the chapter shows that, in practice, judges mostly adopt one of four methods: they determine privacy expectations either by relying on a combination of broad judicial discretion and stare decisis, by integrating existing positive law, by adopting some form of interests balancing or by tethering decisions to prevailing social norms. The chapter evaluates these different modes of determining normative expectations and provides comprehensive analyses of their respective risks and gains.