Persönlichkeitsrechts

Persönlichkeitsrecht, often translated as personality rights or rights of personality, refers to a body of legal principles that protect an individual's personal sphere from unlawful interference. These rights are derived from the fundamental right to self-determination and the inherent dignity of every human being. In many legal systems, including those in Germany and other civil law countries, Persönlichkeitsrecht is not a single, codified law but rather a collection of rights recognized through legislation and case law.

Key aspects protected under Persönlichkeitsrecht include the right to privacy, the right to one's own image, the right to one's name, and the right to informational self-determination. The right to privacy safeguards individuals from unwanted intrusion into their private lives, homes, and communications. The right to one's own image means that individuals generally have control over the publication and use of their likeness. Similarly, the right to one's name protects against its unauthorized use. Informational self-determination pertains to an individual's right to control the collection, storage, and use of their personal data.

The scope and enforcement of Persönlichkeitsrecht can vary. Generally, an infringement occurs when a person's personality rights are violated without a legal justification, such as consent or overriding public interest. Remedies for infringement can include injunctions to prevent further violations, damages for harm suffered, and in some cases, correction of false information. The balance between protecting individual personality rights and other competing interests, such as freedom of the press or freedom of expression, is a frequent subject of legal debate and judicial interpretation.