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305
DO LEGAL PERSONS HAVE THE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE?
in this respect were rendered by the Court only in the beginning of the twenty-first
century. For example, the right to respect for “home” first was spread to business
premises of individuals, and only a few years later was confirmed in respect to a legal
entity. Nowadays, there exist a number of cases where the Court has dealt with the
right to a name
51
or the right to a reputation.
52
Taking into account the fact that the
Convention is a living instrument, it is possible to expect expansion of these and
some other rights also to legal persons. The rights of businesses may come into play
in particular in the light of the extension of the legislation on corporate criminal
liability in the Council of Europe member states. Given that the right to name and
reputation are the elements of the right to private life, there exists a chance that the
right to respect for “private life” finally will be guaranteed to legal persons.
51
Garnaga v. Ukraine
, no. 20390/07, § 40, 16 May 2013 and
Znamenskaya v. Russia
, no. 77785/01, § 23,
2 June 2005.
52
The right to reputation was discussed by the Court in the cases
Căşuneanu v. Romania
, no. 22018/10,
§ 80, 16 April 2013,
Petrina v. Romania
, no. 78060/01, § 27-29 and 34-36, 14 October 2008;
A. v.
Norway
, no. 28070/06, § 63-65, 9 April 2009;
Von Hannover v. Germany
(no. 2) [GC], nos. 40660/08
and 60641/08, § 95-99, ECHR 2012; and
Axel Springer AG v. Germany
[GC], no. 39954/08, § 78-95,
7 February 2012 .