The author reflects upon the possibility to read the rules of the Italian Civil Code in a way which gives them new effectiveness in function of the specific requests for protection connected with the use of technologies. The main theme is represented by the right to privacy between spouses and the need of a balance between the aforementioned personal right and the matrimonial duties. A reconstruction of the spouse’s right to privacy is provided, especially considering the spread of technology and digitalization and the involvement of them in family life. The third section is dedicated to the interpretation of the matrimonial duty of fidelity in accordance with the social developments and regarding the so called ‘digital adultery’. The civil procedure rules regarding the collection of digital evidence are also considered.
Digital Data and Privacy Between Partners: A Critical Approach to a Technological Family Law Issue
de belvis e.
2021
Abstract
The author reflects upon the possibility to read the rules of the Italian Civil Code in a way which gives them new effectiveness in function of the specific requests for protection connected with the use of technologies. The main theme is represented by the right to privacy between spouses and the need of a balance between the aforementioned personal right and the matrimonial duties. A reconstruction of the spouse’s right to privacy is provided, especially considering the spread of technology and digitalization and the involvement of them in family life. The third section is dedicated to the interpretation of the matrimonial duty of fidelity in accordance with the social developments and regarding the so called ‘digital adultery’. The civil procedure rules regarding the collection of digital evidence are also considered.
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