- Protection of a client's rights during an infringement of his/her personality rights
- Personal rights actions
- Attainment of adequate compensation for non-material damage caused by infringement of the client's personality rights
- Defence of a defendant in proceedings for infringement of his/her personality rights
One of the introductory provisions of the New Civil Code states that everyone has the right to protection of their life and health as well as freedom, honour, dignity and privacy. This provision is one of the first in the more than 3,000-section-long New Civil Code. Likewise, the Civil Code adds that a person's personality rights, including all his/her natural rights, are protected. Everyone is obliged to honour the free decision of a person to live as he or she sees fit. At the same time, the code stipulates that no one may interfere with the privacy of another person unless there is a legal reason to do so. In particular, it is not possible, without the permission of the person concerned, to encroach on his or her private space, to monitor his or her private life or to make audio or video recordings thereof, to use such or other recordings of a person's private life made by a third party, or to distribute such recordings of a person's private life. Private documents of a personal nature are also protected to the same extent.
In my practice, I have provided long-standing representation to clients whose personality rights have been infringed upon by a certain act, whether for example to their physical integrity by damage to their health or to their honour, dignity, or privacy. For example, not everyone knows that an insult made via a social network is an infringement of personality rights.
If personality rights are infringed, the damaged party is not only entitled to have the court decide that the party responsible for the damage is obliged to refrain from further infringements, the damaged party is also entitled to compensation for the non-material damage caused.
If, on the other hand, an action has been brought against you for the protection of personality rights, which a court has served you with and demanded that you respond to, it is highly advisable to prepare and structure a written defence so as to minimise or entirely eliminate any potential negative consequences.