Title: Privacy or identity?

Authors: Clare Sullivan

Addresses: Law School, University of Adelaide, Ligertwood Building, North Terrace, Adelaide, South Australia, 5000 Australia

Abstract: This article asserts that identity as an emergent legal concept is now evident in the UK (Identity Cards Act 2006 UK). The composition and legal function of the concept is examined and a framework for conceptualising identity in a transactional context from a legal perspective is presented. The article then examines the consequential right to database identity and its relationship to the broader right to identity as a fundamental human right. The origins and nature of the right to identity under international law, particularly under European Community law, are explored and distinguished from privacy. The author asserts that identity, rather than privacy, provides a more appropriate lens through which to view the issues, particularly those arising as a result of identity theft.

Keywords: database identity; token identity; right to identity; privacy; data protection; right to privacy; human rights; identity theft; identity for transactions; identity registration; identity cards; UK; United Kingdom.

DOI: 10.1504/IJIPM.2008.021142

International Journal of Intellectual Property Management, 2008 Vol.2 No.3, pp.289 - 324

Available online: 05 Nov 2008 *

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