The right to privacy as a limit to freedom of expression: current challenges in the digital age GUK

About the project

GUK 2026

The right to privacy as a limit to freedom of expression: current challenges in the digital age

Number of the project: UK/1250/2026

Responsible solver: Mgr. Bronislava Ondrejová

The project is primarily concerned with the identification of international legal mechanisms for the protection of the right to privacy in the digital environment, a sphere in which tensions with the right to freedom of expression are becoming increasingly pronounced. The speed, scale, and inherently borderless nature of information dissemination through digital platforms significantly reshape the character, frequency, and severity of interferences with privacy, while simultaneously exposing the structural limitations of existing transnational protection frameworks. Against this background, the project seeks to address the research question of under what conditions the right to privacy should prevail, and conversely, when priority should be accorded to freedom of expression. The underlying assumption is that the delimitation between these competing rights is not static, but varies depending on factors such as the nature and content of the information disseminated, the status of the individual concerned, the presence of a public interest, and the manner in which the information is made public. In order to answer this question, the project employs an analytical methodology focused on the examination of international and EU law de lege lata. Particular attention is paid to the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union, which plays a decisive role in interpreting relevant norms and fostering a degree of coherence among national approaches. In addition, a comparative method is applied to assess how differing value frameworks across states influence the balancing of privacy and freedom of expression, and to identify the practical implications for the resolution of cross-border private law disputes. Finally, through synthesis, the project formulates interpretative and applicative guidelines aimed at enhancing decision-making practice and contributing to further scholarly development in this field.