유럽헌법학회

This article systematically examines the structure and evolution of the protection of personality rights under the European Convention on Human Rights (ECHR). Personality rights, rooted in the protection of human dignity and identity, have progressively expanded beyond the narrow scope of privacy to encompass a wide range of personality-related interests. Although the ECHR does not explicitly stipulate personality rights, the European Court of Human Rights (ECtHR) has developed a comprehensive protection framework through the dynamic interpretation of Article 8 (right to respect for private and family life). This study first explores the philosophical and legal foundations of personality rights and analyzes how the ECtHR has broadened their scope through key judgments. It then examines the balancing standards applied when personality rights conflict with freedom of expression, focusing on factors such as public interest, the public figure doctrine, truthfulness of information, and the manner of expression. Special attention is given to the Court’s responses to new challenges arising in the digital environment, such as online defamation, misuse of personal data, and the ‘right to be forgotten.’ By analyzing landmark cases like Delfi AS v. Estonia, Pihl v. Sweden, M.L. and W.W. v. Germany, and Hurbain v. Belgium, the paper evaluates the emerging legal doctrines on platform liability and digital archives. The study concludes that while the ECtHR’s jurisprudence reflects a dynamic effort to adapt personality rights protection to the digital era, unresolved challenges remain, including tensions with freedom of expression, broad margins of appreciation granted to states, and the limitations of ex post remedies. Finally, the paper draws comparative insights for the Korean constitutional system, highlighting how the European developments can inform the interpretation and enhancement of general personality rights in the digital age.