Dissertations / Theses on the topic 'Droit à la vie privée – Histoire'
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Lolies, Isabelle. "La protection pénale de la vie privée." Aix-Marseille 3, 1998. http://www.theses.fr/1998AIX32060.
Full textSolminihac, Arnaud de. "La vie privée : les racines d'un concept juridique protéiforme." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2022. http://www.theses.fr/2022ASSA0019.
Full text"Privacy" or "private life" is regarded as a general notion of the french law. This words appears for the first time France during the French Constitution to protect individual reputations. Under this report, private protection is an extension of the concept of defamation as it was understood under ancien law. According to old law conception, infamous revelations must be repressed even if they are true. This approach presupposes that personal information has no place in the public space. In the same way the rule of secrecy is institutionalized in order to protect specific relationships: the secret of confession, secret of letters, confidential medical information, etc. This thesis intends to link the concrete protections of the private sphere to Western history in general
Tourkochoriti, Ioanna. "La liberté d'expression et la protection de la dignité humaine et de la vie privée dans l'ordre juridique français et l'ordre juridique des États-Unis : une étude de deux précompréhensions constitutionnelles différentes." Paris, EHESS, 2010. http://www.theses.fr/2010EHES0081.
Full textThis dissertation aims at proposing an interpretation concerning the divergence of the legal status of freedom of expression in relation to the protection of human dignity and privacy in the United States and in Europe. The question concerns in our opinion the fore-understanding of liberty in continental Europe and in the United States, as well as the role of the state to define the content and the limits of liberty. It is this understanding inspired by a different conception of political philosophy which is reflected in the legal appreciation of the two legal orders this difference has its origins in the revolutionary movements, which posed me foundation of the two democracies. This conception was also inevitably influenced by the political problems of the same time as well as by the weight of the intellectual ideas, which preceded the two movements. Their evolution in the course of time brought nuances to the political ideas of the foundation which are equally useful to our understanding. France is an exemplary case for continental Europe since the principal ideas underlying the French revolution concerning the understanding of liberty and the role of the state influenced considerably the conception of democracy in the other European states
Balthasar, Stephan. "Wahrheit und Geheimnis im Zivilrecht : Der Schutz der Privatsphäre in Frankreich, Deutschland und England." Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30001.
Full textThis joint PhD thesis analyses the protection of privacy in England, France and Germany. Its first part focuses on the historical development, espacially on the continentalius commune where the actio iniuriarum offered a certain protection of secrecy and privacy. The second part describes the modern law of privacy, taking into account the recent development in England after the coming into force of Human rights act 1998 and considering recent decisions such as Campbell v. MGN ([2004] UKHL 22). Whereas the historical differences between the three countries seem rather substancial, nowadays, the three legal systems adopt very similar solutions to the problem of protecting privacy
Bernes, Bénédicte. "La vie privée du mineur." Toulouse 1, 2006. http://www.theses.fr/2006TOU10035.
Full textThe last decades have seen minors getting even more self sufficient and more individualized within the society, but also within the family context. By the way, the Internatinal Convention on the rights of the Child has settled the basis of a right of the respect of the private life of minors. But, considering its vulnerability, minors cannot benefit from those dispositions. Indeed, subjected to the parental authority, children can benefit from a limited autonomy. Children private life seems to be compound to shrink away. Thus, the incapacity of children is justified by its need of protection related to their own interests. But, the International convention on children rights recommends a stronger power for children in terms of booth protection and autonomy. Since the interest of children is not limited to their protection, but it is extended to their personal blooming, children incapacity can be regarded to be inconsistent. Personally speaking, teenagers do not need parental authority. A sufficient protection could be granted to minors ; outside the parental responsability meanwhile children could use their individual freedom in compliance with their given rights. Thus, advocating the children individual rights seems accurate encompassing their parents. Hence, it would be appropriate to propose the adolescent minor's recognition a right to the respect of its personal life on condition that its own interest is keep safe. He could exercise this right thanks to a special capacity and oppose it even its parents
Fragu, Estelle. "Des bonnes moeurs à l'autonomie personnelle : essai critique sur le rôle de la dignité humaine." Electronic Thesis or Diss., Paris 2, 2015. http://www.theses.fr/2015PA020066.
Full textAfter the French revolution, in front of a holist society hitherto, the willingness of a new individual to affirm his singularity did emerge. Whilst the Christian morality referred to God, the XVIIIth century philosophers, especially Kant, wanted to substitute a morality where, according to the words of Protagoras, man would be the measure of anythings. The individual, however, still had to conform to what Kant names the categorical imperative, and to support for shared values. The morality became gradually felt as authoritative and illegitimate, the middle-class values. The 60’s let rise an individual morality, which took the name of ethics. These upheavals were not without major effects on law of persons and family law. Boni mores disappeared therefore from family law to give way to human dignity in law of persons: to the conception of a model law that of a principle law did succeed. The concept of dignity was only tardily devoted in the Civil code: that could explain the absence of consensus concerning its definition. One can consider it regrettable that such a fragility could involve the dilution of this principle, and even its transformation into a subjective right; it does not oppose whereas a low resistance to the advent of personal autonomy, awkwardly built by the European Court of the human rights on the article 8 and the individual consent. The individual gained the right to operate choices on his body, however dangerous they are, and perhaps even freedom to give up the benefit of rights stated in the Convention. It thus appears essential to redefine dignity, a rampart against the reification of human being,around the concepts of freedom and equality. Consequently, from a harmful logic of competition between dignity and autonomy, a true relation of complementarity and hierarchy between these two concepts will be able to reappear
Kameni, Guy Marcel. "La vie privée en droit camerounais." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10004/document.
Full textPrivacy, cryptic and contingent concept, has no legal definition in Cameroonian law like in the Western legislations such as France. This lightness of the legislator causes serious problems making privacy, an indeterminate legal object supporting the need for the determination of its legal value. Privacy is a legal object indeterminate because any definition effort is delicate and several notions seem to be part of its content and those who really hold. Privacy looks like a prerogative ofpersons. Only, the evolution of Information and Communication technology in general and social networking in particular, reveal everything related to the privacy of users sometimes with the consent of the latter who have not mastered the ins and outs of the mass media. In addition, looking for the manifestation of the truth, the right to information and communication to the public may justify violations of privacy. It is also difficult today to lead a discreet life as well for public figures, as for anonymous people. Privacy must be legally determinated. A gap between private life and public life seems more and more narrow, thus imposing a determination of the field of privacy as well as its regime. It is essential to identify the contours of privacy is based on elements such as family, health, and labour.Given its fundamental nature, the protection of privacy must be both on the internal and international plan, by the effectiveness of existing rules and development of specific texts. Similarly, the role of actors in justice is undeniable as in any other cases
Fragu, Estelle. "Des bonnes moeurs à l'autonomie personnelle : essai critique sur le rôle de la dignité humaine." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020066.
Full textAfter the French revolution, in front of a holist society hitherto, the willingness of a new individual to affirm his singularity did emerge. Whilst the Christian morality referred to God, the XVIIIth century philosophers, especially Kant, wanted to substitute a morality where, according to the words of Protagoras, man would be the measure of anythings. The individual, however, still had to conform to what Kant names the categorical imperative, and to support for shared values. The morality became gradually felt as authoritative and illegitimate, the middle-class values. The 60’s let rise an individual morality, which took the name of ethics. These upheavals were not without major effects on law of persons and family law. Boni mores disappeared therefore from family law to give way to human dignity in law of persons: to the conception of a model law that of a principle law did succeed. The concept of dignity was only tardily devoted in the Civil code: that could explain the absence of consensus concerning its definition. One can consider it regrettable that such a fragility could involve the dilution of this principle, and even its transformation into a subjective right; it does not oppose whereas a low resistance to the advent of personal autonomy, awkwardly built by the European Court of the human rights on the article 8 and the individual consent. The individual gained the right to operate choices on his body, however dangerous they are, and perhaps even freedom to give up the benefit of rights stated in the Convention. It thus appears essential to redefine dignity, a rampart against the reification of human being,around the concepts of freedom and equality. Consequently, from a harmful logic of competition between dignity and autonomy, a true relation of complementarity and hierarchy between these two concepts will be able to reappear
Chauvet, Delphine. "La vie privée : étude de droit privé." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111006.
Full textPrivacy is a jurisprudential notion, recently established by the legislator. Nevertheless, it’s not yet clearly defined. Privacy lies within an utterly variable context. Consequently, its domain and legal system are difficult to determine. However, notions such as intimacy, identity and personality help apprehending the concept of privacy.The evolution of society and the spreading of new technologies have impacts on privacy. Jeopardized, it has to be better protected. French courts and European Court of Human Rights are attempting at this necessity.If privacy is subjected to a right of respect, its dispute isn’t limited to defense. Privacy also contributes to personal development.Yet, right of privacy is relative insofar as it draws antagonist interests, such as general interest and various particular interests.This study contributes to apprehending privacy with regard to the Law
Morgenroth, Thomas. "La vie privée en droit du travail." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20016/document.
Full textBecause of its relativity, the concept of privacy is a difficult notion to define. French legislation defines it in different ways both between public institutions and citizens as well as among individuals. Moreover, the right to privacy presents an ambivalence as it gives an individual both a freedom of choice and a right of control. Therefore, privacy challenges employment laws which cannot deal satisfactorily with it as work relation has the specificity to create a link of subordination between private individuals. Yet, many of these dispositions contribute to protecting privacy. Though, in its civil law conception, there is some difficulty in resorting to privacy when it focuses on the secret of privacy.Paradoxically, the cases related to this subjective law and employees' privacy secret protection are far and few between. This freedom of privacy tends to ensure employees' protection in their privacy. Nevertheless, this freedom also applies in professional life and consequently appears as an essential instrument of the employee's protection in the workplace. Thus, the right for the employee's privacy to be respected inevitably tends to broaden its scope to the protection of freedom of privacy
Méchin, Elodie. "Le droit patrimonial à la vie privée." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30070.
Full textIn addition to the generally accepted non-patrimonial dimension or privacy, attributes have a patrimonial dimension. The right to privacy is now deemed to constitute intangible property largely exploited by its holder. Moreover, this commercial exploitation has opened the way for the existence of a second right pertaining to privacy, a right of a patrimonial nature which supplements non-patrimonial rights. However, this right is not upheld by case law, despite the fact that the courts are developing patrimonial personality rights under French law. Yet it is essential for positive law to protect privacy through a new regime which takes account of its dual nature. The copyright regime could very well be applied to privacy. As well as being closely linked to personality, privacy has a form which is perceptible to the senses. It is a creation of the individual himself. Everyone shapes his private life as he sees fit and makes it an original work. Thus, the monopoly of the author over his work appears to be a potential "patrimonial right to privacy."
Dirrenberger, Géraldine. "Employeur, salarié et vie privée." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10032.
Full textThe border between private and professional life can be confusing. The notion of private life differs from the importance each individual allows it, it follows as well the evolution of the society. Inside the working relationship, distinguished among the subordination connection, which priority should we assign it ? If there is agreement that in the working place a remaining private sphere truly exists, how can we efficiently unite it with the productivity requirements of the working environment ? Despite a strong protection of the employee's private life, the professional sphere stepping into the private one is an additional risk to see this idea to lose its meaning. The goal of our study is to point out the changes that occurred at work especially with the use of new technologies and the difficulties experienced due to the requirements to respect the employee's personal freedom. In this context we are considering some solutions to have those two spheres working together despite the balance requirement that must oversee the working relationship
La, Burgade Denis de. "La vie privée des hommes politiques." Paris 1, 2000. http://www.theses.fr/2000PA010335.
Full textNadeau, Alain-Robert. "Vie privée et droits fondamentaux : étude de la protection de la vie privée en droit constitutionnel canadien et américain et en droit international." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ57059.pdf.
Full textKattan, Imad. "Vie privée et informatique : étude comparative de droit français et droit anglais." Université Robert Schuman (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR30018.
Full textIn France, a right of privacy was introduced into the french civil code by the law of 17 july 1970 (a new article 9), which declared that "everyone has the right to trespect for his priv ate life". In England, there is no legal right to privacy as such in the law of England. The protection of privacy is ensured by several cases like (trespass, nuisance, breach of confidence. . . ). The situation of the protection of privacy with regard the computer is different. There is, in France and England, law of data protection with regard to the automatic processing of personal data
Fleury, Aude. "Les parlementaires bordelais de 1750 à 1793 : vie publique, vie privée." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40041.
Full textIn the first part, to improve our knowledge of the members of this parliament and the world they lived in, we have studied their cultural, economic and family background, as well as their office and their work. Judging from the documents we have been able to study, the members chose this particular office not because of the financial advantages they might obtain from it, but mainly for the prestige that came along with it. Indeed not anybody could accede to this station, and informal barriers as well as inviaible bridges were set up to maintain a certain level of cooptation, all the more so as the office thus acquired and fulfilled allowed the member to get acceed to nobility. The parliament is therefore socially quite homogeneous, all the more as it is strongly endogamous. It emerges that this group had a strengthh and coherence that must have helped it in its ambitions. That is why the second part consists of an appraisal of the relations between the compagnie and the various agents of power -both local and national-, to figure out their actual authority, and an analysis of the compagnie's specific functions. It appears that from the point of view of the royal administration, the parliament should have had no more than the rank of a departmental court accompanied with limited powers to make regional regulations and an optional counselling function. Yet, this is not what its members expected their functions to be. This explains why they developped "democratic" theories which undermined the french monarchic organisation but at the same time eroded the parliament's own legitimacy. Neither the members of the parliament nor their citizens seem to have been aware of this process which resulted in an escalation of affairs, each leading to more and more contestation and ending in the demand for the meeting of the states general. To conclude, it makes no doubt that the failure of the members and of the parliament of bordeaux is due to their opposition to the forces that were to gradually influence and dominate the course of french history. This institution was both too old and too sclerosed to get over the hurdle of 1789, which is also a revolution in intellectual thought. From that point, society came back to an elitism based upon individual merit. The buying of offices, and therefore wealth and family ties were no longer relevant in this new system. At that point
Doumeng, Valérie. "La vie privée du majeur malade mental ou déficient intellectuel." Toulouse 1, 1998. http://www.theses.fr/1998TOU10034.
Full textThe private life of an adult suffering from a mental illness or a mental retardation has a number of distinctive features vis-a-vis the private life of a person who can be considered in full mental health. The difference stems firstly from the need, in certain cases, for an individual whose mental faculties are impaired, to be placed in a psychiatric hospital or to live in a social or medico-social institution. His freedom to come and go and to freely plan his every day life is thus partially or even totally restricted. What is more, outsiders may be led to interfere in some aspects of the private life of the mentally impaired such as emotional life, reproductive freedom and health. This state of facts poses some delicate problems. With regard to the mentally ill or handicapped that retain legal capacity, outsiders, apart form certain specific cases, have no power and their interference may be considered improper. When they are classified in one of the categories of legally incapable persons, the law turns out to be deficient. However, the courts who are confronted with numerous practical problems have recognised that the legal representatives have a role in the protection of the incapable adult. However, we must ask ourselves if it is possible to "manage" the private life of an incapable person in the same way in which one manages a person's pecuniary affairs, using the same techniques and with the same coldness
Pillot, Guillaume. "Anonymat et vie privée sur internet." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/32469.
Full textSince the beginning of this century, the explosion of the internet has had an important social and economic impact. Today, the number of internet users has approached four billion and it has become a part of our daily lives. More and more information circulates on the internet and since Edward Snowden's global surveillance disclosure in 2013, the public is now aware about the necessity to protect their private lives. In a rst time, this thesis introduces anonymity and privacy general concepts'. Then, the following popular anonymous networks are studied: JAP, Mixmaster, TOR and I2P. We will see that the best protection for these network is their size. [1] has elaborates a payment system for remunerates the TOR relays in order to encourage Internet users to participate in the anonymous network. We will see how adapt this system on the I2P anonymous network.
Favre, Didier. "De l'homogénéité européenne dans l'insuffisante protection de la vie privée." Montpellier 1, 1992. http://www.theses.fr/1992MON10012.
Full textMathieu, Chantal. "La vie personnelle du salarié." Lyon 2, 2004. http://theses.univ-lyon2.fr/documents/lyon2/2004/mathieu_c.
Full textWithin French law, there is no text that concedes to a subordinate worker a "right to the respect of his personal life". Nonetheless, the law does not ignore this aspect of the employee life and this thesis intends to show how it is legally protected. First of all, a wall is drawn up between personal life and professional life in order to protect the former from the key players of working relationships. This separation aims to prevent his personal choices from interfering with his professional life. Accordingly, one can highlight a requirement to dissociate personal life from working relationships, and specific warranties can be attached to this requirement. Moreover, some doors can be opened between the employee's personal world and his professional world in order to facilitate a conciliation between these two dimensions of the employee life. The intention is therefore to provide the means to face his personal constraints or to invest in a personal project without sacrificing his professional life. Nonetheless, this opportunity to take into consideration the personal situation of an employee is limited to certain aspects of his life and in particular the ones attached to his family life. This consideration on its own is also limited as it can conflict with other interests, most notably the company's interests. Combining logic of separation and logic of conciliation implies that the latter prevails on the respect of the former. At last, it belongs to the employee, and only to him, to open the doors that separate his personal life from his professional life
Crosnier, Sébastien. "Le droit à la vie privée à l'épreuve de l'internet." Paris 11, 2000. http://www.theses.fr/2000PA111022.
Full textRanquet, Marie. "L'accès aux archives publiques en France. Le droit et la pratique vus par les archivistes depuis 1979." Electronic Thesis or Diss., Paris, Ecole nationale des chartes, 2016. http://www.theses.fr/2016ENCP0002.
Full textFrench archives are ruled by several laws and decrees. First of them go back to French Revolution : it is the law of Messidor 7, year II, by which the idea of free access to archives for citizens is brought out. This idea is nevertheless still quite far from the French Freedom of Information act taken in 1978, in the general context of « laws of 3d-generation rights of men ». The Messidor law is amended during the 19th century to take into account the necessary protection of the interests of State and families. It is repealed by the law n°79-18 of January 3d, 1979 ; this law establishes for the first time the principle of terms for accessing to archives. It is in turn repealed by the law n°2008-696 of July 15th, 2008, which comes after decade-long controversy about access to Second World War archives in particular: even if the mere existence of secret is well accepted, the terms themselves under which these secrets should be held expired are a public issue.Despite a well-shared idea, restrictions on archives'accessibility keep getting stronger. Specific access regimes such as classified informations or medical secrecy gradually become conflicting with the general right of access to archives.The 2008 law arouses many practical interrogations among archivists, confronted with a modification of the communicability terms as well as a deep change in method, these terms being now determined by the degree of sensibility of the information rather than by the nature of the document itself
Dos, Santos Jessye. "Réseaux de capteurs et vie privée." Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAM035/document.
Full textPrivacy notion is frequently linked with cyber attack examples by media and scientific researches. In 2012, the hacking of 12 millions Apple user identifiers demonstrates that connected objects represent leaks exploited by hackers to access to user personal data. In this thesis, we will extend the privacy notion to the objects. To do this, we will show that in wireless sensor networks where communications are carried out from machine-to-machine, the knowledge of the static addresses of the devices within the network discloses information allowing deduction about elements of context and environment.Nowadays, the wireless communication standards provide security mechanisms whatever the communication protocols used including the low power ones designed to run on constrained environment. However, the frame header that comprises necessary information for routing and for the proper functioning of the network is always sent in clear text. Collecting and gathering these metadata by eavesdropping is dangerous for the environments and applications based on these networks.The work carried out in this thesis aims to explore how simple passive attacks on meshed networks based on IEEE 802.15.4 used to collect and exploit metadata allow to infer critical information about the network, the environment where the network is deployed and the behavior of users. Two kinds of solutions to hide the node addresses are studied. The first one provides anonymity for the devices. In the second kind of solutions, pseudonyms are used by nodes enabling the capability to audit the traffic within the network.To evaluate the characteristics and the performances of the solutions, a simulator has been used to reproduce the behavior of a meshed wireless sensor network embedding Contiki OS. This simulator allows to compare the performances of MT6D the most promising solution of our state of the art with that of a reference network do not mask the metadata. With this analyze, we can highlight some drawbacks and more especially the control frames overhead needed for the routing. We give the necessary specifications to deploy the most optimal solution for the embedded devices.Thus we propose Ephemeral that allows hiding device addresses provided in the sent frames by using pseudonyms without overhead on the control frames. After deployment in the simulation environment to evaluate expected theoretical performances, Ephemeral has been tested in real environment. The network is made up of twenty IEEE 802.15.4 sensor nodes deployed on a building. The results show that Ephemeral is an efficient low power and bandwidth-saving solution to hide device identifiers used in wireless communications
Jammet, Adrien. "La prise en compte de la vie privée dans l’innovation technologique." Thesis, Lille 2, 2018. http://www.theses.fr/2018LIL2D003/document.
Full textThe study of privacy within technological innovations is the study of the legal system surrounding personal data. However, the complexity and context of the subject imposes a pragmatic analysis, gathering elements of economy and technology, to define the reality of the use of the law by and within numerical innovations. As such, it necessitates a phenomenological approach, reviewing the historical steps that lead to the particular set of protections that the legislator has chosen, from a general protection of privacy towards a special regime applicable to personal data, and then an observation of its effectiveness to protect the essence of privacy. At the center of this work, we can find the will to understandthe gap between the trust given by the public to technology regarding the respect of one’s privacy and the declarations of legislators on the efficiency of the legislative response. Since the consent is the core principle of these regulations, this divergence deserves a legal analysis. Consequently, we can sum this thesis by a simple question: what it the real efficiency of privacy’s protection regime facing technological innovations ?
Pontillo, François. "Le secret et le droit." Montpellier 1, 2002. http://www.theses.fr/2002MON10028.
Full textLacombe, Myriam. "Loft story : perversion du droit à l'image et à la vie privée ?" Paris 8, 2005. http://www.theses.fr/2005PA082573.
Full textRoca, Gregory. "La vie privée et familiale du majeur protégé." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1034.
Full textNeglected by the various European legislators for a long time, incapacity Law has been a primary focus since the late nineties. Influenced by the European Council, France has undertaken a more humanistic reform. The new legislation should help to protect the most vulnerable ones while ensuring the exercise of their fundamental rights, including the right for respect of privacy. This dual objective seems both unrealistic and contradictory at the same time since all protection measures lead to capacity restrictions and therefore impact the most intimate decisions the protected adult has to make.Yet, wherever the protected adult live, in the city or in an institution, the llaw seems to have found balance. This is the result of a particular importance given to the natural ability, the will but also the autonomy of the individual.However, the system is not perfect. Sometimes, the legislator did not dare to go further and maintains disabilities by principle in areas the most related to the protected person’s privacy. At other times however, it goes too far choosing autonomy over protection. Improvements are needed. To this end, it is possible to consider the removal of the remaining disabilities and replace them with a protection scheme adjusting to the degree of disability of the individual. It is also possible to imagine a generalization of the assistance which is appropriate when decisions are closely related to the person
Jacquelet, Cédric. "La vie privée du salarié à l'épreuve des relations de travail." Paris 2, 2006. http://www.theses.fr/2006PA020049.
Full textAgostinelli, Xavier. "Le droit à l'information face à la protection civile de la vie privée." Aix-Marseille 3, 1993. http://www.theses.fr/1993AIX32003.
Full textBeyond theoretical description surrounding the notion of the right for respect of privacy, the conflict still remains up to date as soon as the promoting of this concept's protection comes to clash the freedom of the press. The law intervention in 1970 didn't refine the problem. Between thye assertion of a too severe defence of people's privacy and the risk of breach to freedom of speach, it's more the judicial research of an ideal balance which rules over the civil proteciton of privacy today. After a first part dedicated to theoretical causes of this balance, this study leads to the analysis of different technics which, under cover of the sovereign appreciation of foot-fault judges, allow the realization or the preservation of this balance
Ouoba, Clarisse. "Le droit à la vie privée au Burkina Faso : conception, réalité juridique et socioculturelle." Grenoble 2, 2002. http://www.theses.fr/2002GRE21024.
Full textAbravanel-Jolly, Sabine. "La protection du secret en droit des personnes et de la famille." Lyon 3, 1999. http://www.theses.fr/1999LYO33026.
Full textVolponi, Audrey. "La presse et la vie publique." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32010.
Full textThe sphere of the private life is in constant confrontation with the sphere of the public life of the person, the limit trying to separate these two spheres, inherent with the the individual does not cease fluctuating. To the right of the respect of the private life of the person is opposed the right to information of the citizen. Being based primarily on the decisions of the European Court of the humans right, French jurisprudence devotes a true civil right to information. In France, the press, legally and juridically very framed, sees its possibility of widened informative action when the data elements of which it must return account concern the public life of the city. However, the respect of the rights of the person, public or not, always borders the freedom of the press. It then rests to the judges to take care of the respect of balance between the rights of these two parts while taking of account the evolution of the company
Berset-bircher, Valerie. "Les systèmes d'information et la vie privée du salarié : analyse en droit européen, en droit suisse et en droit français." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA030/document.
Full textAs a result of information and communication technologies, ties of a legal, social economic and organisational nature between employee and employer have changed. Use of technology impacts several areas and dimensions of the working arrangement that are inextricably linked to the employee’s personal status. Using Article 8 EDHR as the leitmotiv and main source of analysis, this thesis reaffirms that employment law and human rights law are intertwined, and that Article 8 EDHR can be applied to relations between worker and employer. Using a comparative approach, the author analyses employees’ rights to privacy under European, French and Swiss law — highlighting their differences and shortcoming in relation to each other. Part one lays the foundation of employees’ rights to privacy with regard to family life, home life, correspondence and data protection. The delicate balance between the interests of the company in safeguarding its security and those of the worker in protecting his or her private life are analysed. Part two deals with the way in which privacy protection can be implemented, looking at the drafting of standards, types of regulation and the application made of the latter by national oversight bodies and by agents inside and outside the company. The research demonstrates that, on the basis of comparative analysis, improved protection of basic rights to employee privacy can legitimately be put in place through a company’s bylaws, preferably through discussions and negotiations with social partners. The goal is to shield employees’ privacy, not only in theory but most importantly in practice
Vuillième-Donot, Élise. "La protection de la vie privée dans les pays latins et anglo-saxons." Toulouse 1, 2001. http://www.theses.fr/2001TOU10037.
Full textMechanisms of protection of privacy in certain English-speaking and Latin countries such as Spain, France, Italy, Britain, United States of America and Canada (Quebec) : influence of culture and religion, set of privacy laws, freedom of expression or right to information, "right to publicy". . . Entering the Internet era, the protection of personal data becomes a problem and its solution will have to be international
Cormier, Eric. "L'industrie de l'omniscience : le profilage comportemental et le droit à la vie privée au Canada." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/20680.
Full textChen, Zihan. "Etude sur le droit à l'information génétique." Thesis, Toulouse 3, 2015. http://www.theses.fr/2015TOU30183.
Full textGenetic information has brought about profound social reform as one of the most important information resources in modern society. The protection of genetic information has concerned benefits of different entities including individuals, families, economic institutions and countries in multiple dimensions, such as private life, market and national strategy. In most of the prior research in this field, genetic information was confused with gene, as the material carrier, tissue samples and other type of personal information, neglecting the particularity of genetic information, or mere questioning of ethics and principles. But it is not enough to resolve the social problems and disputes in the case. This article establishing the vision of rights standard, along the research approach of "fact-theory-system", answers the questions: why protecting genetic information and why taking it as a right (Introduction). The article discusses the object of rights to genetic information(Chapter One), the subject of rights to genetic information(Chapter Two), the attributes of rights to genetic information(Chapter Three), developing the protection principles of rights to genetic information(Chapter Four). Finally, based on the above discussion, the author summarizes and reaffirms that the rights to genetic information is pointing to a new-type right by exploring the practice of protecting genetic information rights. In particular: In the first chapter, the author explores the genetic information, as the right object, in technological transformation. First of all, the paper defines the genetic information which differs from gene with the attributes of information and it must be acquired by Nucleic acid analysis and other scientific analysis. Second, the paper focusing on the social changes brought by genetic information, the author mainly explores the deep implications from technology to thinking-genetic information has been applied into DNA recombination technology, Human Genome Project and bio-pharmaceutical industries bring about great influence to our life through criminal justice and paternity test. Along with the technological innovation and thinking changes, new interests and disputes happened together. At last, the author explains the particularities of genetic information in technological transformation from the objective and subjective aspects
Brochard, Laurent. "Le rire en droit privé." Poitiers, 2006. http://www.theses.fr/2006POIT3004.
Full textLaughter is a form of social communication which is to entertain or to criticise, to consolidate rules or to dispute them. Thus, one could wonder wheter the private law community's perception of such a complex form of expression is appropriate : consideringe the French tradition for satire, can parody be an acceptable abuse ? Should not one prefer another approach to the right to laugh ? One that would highlight the tight connections that exist in parody between the freedom of expression and the art of criticism. One that would allow these fundamental freedoms to be opposed to the patrimonial and extra-patrimonial rights of its victims. The recognition of a right to laugh does not imply that the parodist's freedom is absolute. Intrinsic and extrinsic limits provide a frame to the parody creation process, thereby limiting the audience's freedom to laugh. Nevertheless, to ensure the pluralism of ideas and opinions necessary to the correct operation of the democracy, the greatest attention should be given to the implementation of any limits in this area
Bugnon, Caroline. "La construction d'un ordre public sexuel." Dijon, 2008. http://www.theses.fr/2008DIJOD004.
Full textThe couple of sexuality and law is tumultuous: sexuality belongs to the right of privacy and the State shouldn’t intervene. Nevertheless, the government doesn’t manage to respect this intimate part of privacy and legitimates his intervention to protect signifiant values from the threat of sexuality. These fondamental values are the principle of the consent of the sex act and the principle of the difference beetween male and female sex. These principles are the components of a sexual public order. The principle of the consent of the sex act means that the criminal law must protect rape victims and must condamn rapists. The victime can be a woman or a child. If children must be protected against child pornography and people who take advantage of minors, prostitutes must be protected too. Actually, when they sell their body, they can’t be in agreement because of the numerous economic and social constraints which hang over them. The principle of the difference beetween male and female sex means that the heterosexual couples must be favoured by law because they respect the natural law and can secure the survival of human race. Homosexual people don’t respect the natural law because they can’t guarantee the survival of human race, therefore the government refuses as well to establish homosexual marriage as homosexual filiation. Nonetheless, it is a moving sexual public order and its frontiers depend on the evolution of mentalities
Denis, Michel R. "Le devoir de dénoncer des professionnels de la santé, du droit des patients à la vie privée au droit des tiers à la vie." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0013/MQ35666.pdf.
Full textFoata, Valérie. "Contribution à l'étude du motif personnel non fautif du licenciement." Nice, 1997. http://www.theses.fr/1997NICE0029.
Full textSaint-Pau, Jean-Christophe. "L'anonymat et le droit." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40005.
Full textFlaud, Ivan. "Le droit au respect de la vie familiale." Chambéry, 2004. http://www.theses.fr/2004CHAML024.
Full textLécaille, Delphine. "Secret et confidentialité en droit communautaire." Lille 2, 2002. http://www.theses.fr/2002LIL20018.
Full textMarco, Estelle de. "L'anonymat sur internet et le droit." Montpellier 1, 2005. http://www.theses.fr/2005MON10067.
Full textElkhiyaoui, Kaoutar. "Sécurité et protection de la vie privée dans les systèmes RFID." Electronic Thesis or Diss., Paris, ENST, 2012. http://www.theses.fr/2012ENST0040.
Full textWhile RFID systems are one of the key enablers helping the prototype of pervasive computer applications, the deployment of RFID technologies also comes with new privacy and security concerns ranging from people tracking and industrial espionage to produ ct cloning and denial of service. Cryptographic solutions to tackle these issues were in general challenged by the limited resources of RFID tags, and by the formalizations of RFID privacy that are believed to be too strong for such constrained devices. It follows that most of the existing RFID-based cryptographic schemes failed at ensuring tag privacy without sacrificing RFID scalability or RFID cost effectiveness. In this thesis, we therefore relax the existing definitions of tag privacy to bridge the gap between RFID privacy in theory and RFID privacy in practice, by assuming that an adversary cannot continuously monitor tags. Under this assumption, we are able to design sec ure and privacy preserving multi-party protocols for RFID-enabled supply chains. Namely, we propose a protocol for tag ownership transfer that features constant-time authentication while tags are only required to compute hash functions. Then, we tackle the problem of product genuineness verification by introducing two protocols for product tracking in the supply chain that rely on storage only tags. Finally, we present a solution for item matching that uses storage only tags and aims at the automation of safety inspections in the supply chain.The protocols presented in this manuscript rely on operations performed in subgroups of elliptic curves that allow for the construction of short encryptions and signatures, resulting in minimal storage requirements for RFID tags. Moreover, the privacy and the security of these protocols are proven under well defined formal models that take into account the computational limitations of RFID technology and the stringent privacy and security requirements of each targeted supply chain application
Decker, Micheline. "Aspects internes et internationaux de la protection de la vie privée en droits français, allemand et anglais." Paris 2, 2000. http://www.theses.fr/2000PA020063.
Full textDornel, Flora. "Open data des données judiciaires : entre transparence de la justice et droit à la vie privée." Master's thesis, Université Laval, 2020. http://hdl.handle.net/20.500.11794/67168.
Full textLe projet de recherche s’inscrit dans le contexte du mouvement d’open legal data, c’est-à-dire des données judiciaires ouvertes. En effet, que ce soit en France ou au Canada, les données judiciaires font l’objet d’une législation en faveur de l’open data. Les données judiciaires sont mises à la disposition des citoyens, de manière variable selon les systèmes juridiques. La question qui est au cœur du problème est l’affrontement de deux valeurs fondamentales : le droit du public à la transparence de l’administration de la justice, qui justifie que les données judiciaires soient consultables, et le droit de l’individu à la protection de sa vie privée.
This research project is set within the broader context of the open data movement, namely that of open judicial data. This type of data has been subject to legislation in favour of open data both in France and in Canada. Each legal system has a different approach as to how judicial data is made available to the population. The underlying issue is the interplay between two fundamental rights: the collective right to an open and transparent justice system, which in turn justifies the openness of judicial data, and the individual right to privacy.
Juncu-Moraru, Corina. "Le droit au respect du secret de la personne, droit fondamental ?" Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32025.
Full textIs there a right to secrecy and, if so, should this right be classified as a fundamental right? Indeed, should one not notice, beyond the protection of privacy, the gradually emerging elements of a fundamental right, inseparable from the very notion of natural person, an area representing the secrecy of a human person without which his/her unique individual consciousness, as well as his/her opinions and choices could not express themselves in action? In addition to the transparency requirements, designated in recent decades as the foundation of democratic societies, the urgent need to abide by a secrecy domain proper to the human person becomes more imposing each day, obligation most often accompanied by legal sanctions and gradually developing into a right. This necessary secrecy, a counterpart of the freedom of expression, ultimately acts as another guarantor of a pluralist democracy. The explosion of technical means of investigation requires rethinking the relationship already established between secrecy and information. The individual must be protected against indiscreet and unjustified intrusions in the substance of his person by a right to secrecy, essential to his/her self-determination. Only the right to secrecy provides him/her with the legal background enabling him/her to determine his/her own profound values and build his/her own identity. The place secrecy occupies in each individual’s life and in society as a whole, leads one to wonder about the meaning of this concept, the legal nature of the right to secrecy, and the modalities of his/her protection under the positive law. The first part of this thesis seeks therefore to bring to light the protection of the secrecy by constitutional and European judges, as well as its characteristics as a fundamental right. The second part of this study is devoted to the analysis and synthesis of all normative acts that ensure the preservation of various aspects of the right to secrecy. These texts, often criminally sanctioned, are common in French law, though, with no one actually attempting to fully comprehend them so far. Their scope confirms that, while a fundamental right, the right to secrecy can never be absolute
Beaurain, Christophe. "Action privée, action publique : le libéralisme à l'épreuve de l'intérêt public : la législation dans le secteur des télécommunications en France et aux Etats-Unis entre 1840 et 1930." Paris 13, 1993. http://www.theses.fr/1993PA131028.
Full textThis thesis aims at showing how, in the setting up of a telecommunications legislation between 1840 and 1930, liberal co ncerns to insert services in the market economy adapted to the protection of the public interest. Then it is proved that in the setting of a affirmation of individual liberty, the action supporting the widest access to the services offered was continuously refered to the impulse given by the society as a whole to set up a public regulation respecting nationa l modalities of the affirmation of individual rights. A comparative approach conducted on the basis of arguments put forward by some economists on the subject of public regulation of the means of communication enables us to measure the differences which exist in the national modalities of such an arrangement. The positions of a. T. Hadley and r. T. Ely in united states, those of the "french liberal school" and those of l. Walras and c. Colson in france, are successively analysed. This analysis also reveals us that the decisive contribution to the setting up of a long-lasting regulation lies in the ability of each models of public action to use elements of a foreign model
Khalifa, Otman. "La protection de la vie privée à l’ère des nouvelles technologies : une protection relative." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100023.
Full textThe right to respect private life is a fundamental right, which is fully protected by the provisions of the law and the provisions of the judiciary at the national and international levels. This fundamental nature requires the state to provide effective methods that protect this right against the dangers surrounding it, the most important of which is the threat of modern information and communication technology. The French and European legislators enacted several legislations that would limit the illegal uses of this technology to private life. However, in recent years, justifications for the security and interests of the state have passed legislation authorizing public authorities to use high-tech devices to spy on people's lives and to monitor their private communications without adequate legal safeguards, which has increasingly weakened the scope of privacy protection. Moreover, the dominant Internet companies are now a real threat to the privacy of Internet users. The violations carried out by these companies outweigh the danger of states and legally and realistically exclude the authority of the French and European control bodies. Finally, the actual legal protection mechanisms, in the absence of financial and technical possibilities and the absence of a binding international convention on privacy, would not be able to provide effective legal protection to this fundamental right