Taxonomy of privacy legal relationships
Description
This scheme is a visualization of taxonomy of privacy legal relationships, developed by Elena Sebyakina. It reflects author’s theoretic legal classification of privacy legal relationships: 1) absolute civil legal relationship; 2) relative non-property civil legal relationship; 3) relative civil non-property legal relationship, related to property legal relationship; 4) relative civil property legal relationship, 5) relative civil organizational legal relationship; 6) relative public administrative legal relationship; 7) relative normative legal relationship (public/civil); 8) relative protective legal relationship (public/civil); 9) relative public procedural legal relationship; 10) relative civil tort legal relationship. It is important to note that absolute majority of privacy relationships between individuals are unregulated due to falling under the household exemption. These privacy relationships are usually outside of legal regulation, until the moment of violation, which may provoke a corresponding protective or procedural legal relationship. Thus, author classified in the sphere of informational privacy: six civil legal relationships, two public ones, and two legal relationships that, can be attributed to both civil and public, depending on the composition. Read the linked article « Privacy legal relationships » to learn more on the subject.
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The main approach applied here is an interdisciplinary approach, implying the enrichment of knowledge and methodology of general theory of privacy law at the expense of the methodology of theory of civil law. Author borrows from the theory of civil law the method of classification: ordering of a multitude of phenomena and dividing the relationships into stable types. The classification represents a more advanced stage after collecting a body of disparate knowledge. Using the achievements of the theory of civil law in the classification of legal relationships as a blueprint, the author applies relevant bases of classification — to privacy legal relationships and divides them into stable types, gives them its interpretation, presents them as a system, highlights the patterns of their existence and draws parallels between some institutions of civil law and privacy law. This method helps to build a taxonomy of privacy legal relationships. It also may support others in the future, when new legal relationships arise, to classify them correctly and to attribute them to the correct type of legal relationships, to immediately understand the characteristics and patterns for this type. This is the key to understanding the origins of privacy multidimensionality.