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Kinsella on Liberty Podcast, Episode 334.
A libertarian named Sebastian is researching the issue of “habeas data” from a libertarian perspective, and wanted to discuss with me. So we did.
This involves issues and questions such as:
- Proposition: Habeas Data is emerging in some countries as a legal or constitutional writ predicated on a personal autonomy right to one’s personal data.
- From a libertarian perspective, is this a type of bodily/personal autonomy “property” right?
- What if the data is held by a public official/state organization and the habeas data remedy is limited to access/correcton/deletion from a public database? Is this libertarian?
- Is our private data always private vis-a-vis the never claim-of-right of the State? Is that at odds with a bodily autonomy view of privacy/private property (information) rights?
- This is of interest as the Latin American/OAS writ is trending toward personal information as a kind of personal (bodily) autonomy right.
- What is the relation between Habeas Data and Right to Know/Right to Truth in Human Rights Law?
- How does the notion of Habeas Data relate to the libertarian critique of intellectual property and ownership of information?
Related:
- Right to be forgotten
- My Louisiana Civil Law Dictionary
- From Sebastian: “A bit tangential but if Right to Truth ever includes Right to The Law: In Civil Law Systems, iura novit curia, or “The Court Knows the Law”“
