LESIJ NO. XIX, VOL. 2/2012
of unlawful attacks on his honor or reputation. 3. Everyone has the right to the protection of the law
against such interference or attacks.”
Transposing the international regulations onto national level, Article s 26-28 from the
Constitution of Romania establish, as fundamental rights, intimate life, family and private life, home
inviolability and the secret of correspondence.
As none of these terms enjoy a legal definition, it was the duty of doctrine and jurisprudence
to establish their meaning and content.
In Western juridical literature, private life was, practically, understood as a secret sphere of
the individual’s life, where the access of third parties1 is not allowed. Respect for private life implies
the guarantee of a person’s physical and moral integrity, the protection of his personal or social
identity, of his sexuality, of private places2, as well as the protection of reputation and the prevention
of disclosure of confidential information3. A person can consider as being part of his private life any
aspect that may be associated with his health, moral, religious or philosophical believes, his
sentimental and family life, his friendships4. It was also noted that private life includes the
individual’s right to intimate, personal life, his right to social private life and the right to a healthy
Striving to find meanings as precise as possible for the concept of “private life”, it was
noticed that, Romanian doctrine6 makes a distinction between the texts of the European Convention
and those of the Romanian Constitution, the la tter using a concept that the first is avoiding, na mely
intimate life. It has been noted that intimate life is only a part of private life, which, first of all,
contains the right to solitude, that is the individual’s right to be with himself, to seclude from the
others, to keep the secret of his own thoughts, plans and desires, to be left alone with his ideas and
aspirations, but also with his behavior through which he intends to express his personality,
unhindered by any outside interference. Secondly, intimate life also implies contacts with other
persons “in the presence of whom the subject feels like being only with himself”, to whom he can
express his deepest thoughts; the contacts with these persons can be oral, when the interlocutors are
present, but also through letters, telegrams, telephone conversations when absent.
On its turn, private life is considered to be made of the right to intimate life, with all the above
mentioned elements included to which we also add a sphere of the subject’s business and
professional contacts are also added. Thus, we consider that private life represents a particular area of
personal thoughts and acts, of communications and conversations that are not suppressed, a personal
inviolable space where the individual can express his inner personality; but it also includes intimate
or professional contacts with the others.
When approaching the issue of the protection of private life from its values’ point of view,
another author7 notices that the risks associated to this fundamental right regard the violation of the
person’s solitude, interference into his personal matters, disclosure of personal in formation – which
1 See J. Carbonnier, Droit civil, tome I, Les personnes. Personnalité, incapacités, personnes morales, Presses
Universitaires de France, Paris, 2000, pg.156.
2 See R. Clayton, H. Tomlinson, The Law of Human Rights, Oxford University Press, 2001, par.12.85-12.94.
3 See P. van Dijk, F. van Hoof, A. van Rijn, L. Zwack, Theory and practice of the European Convention on
Human Rights, 4th edition, Intersentia, Antwerpen-Oxford, 2006, pg.665.
4 See G. Cohen-Jonathan, Respect for private and family life, in R.St.J. Macdonald, F. Matscher, H. Petzold,
The European System for the Protection of Human Rights, Dordrecht: Nijhoff, 1993, pg.405 and the followings.
5 See Fr. Sudre, Dreptul european şi internaional al drepturilor omului, Polirom PH, 2006, pg.315; C. Bîrsan,
Convenia european a drepturilor omului. Comentariu pe articole, vol. I, Drepturi şi liberti, All Beck PH,
Bucureşti, 2005, pg. 600.
6 See E. Tanislav, Ocrotirea penal a dreptului la intimitate, Revista de Drept penal nr.3/1998, pg.42-53.
7 See V. Stati, Ocrotirea penal a dreptului la via privat în Republica Moldova, Re vista de Drept penal