KOL334 | On Habeas Data with Sebastian
Kinsella on Liberty Podcast, Episode 334. A libertarian named Sebastian is researching the issue of "habeas data" from a libertarian perspective, and wanted to discuss with me. So we did. This involves issues and questions such as: Proposition: Habeas Data is emerging in some countries as a legal or constitutional writ predicated on a personal autonomy right to one's personal data. From a libertarian perspective, is this a type of bodily/personal autonomy "property" right? What if the data is held by a public official/state organization and the habeas data remedy is limited to access/correcton/deletion from a public database? Is this libertarian? Is our private data always private vis-a-vis the never claim-of-right of the State? Is that at odds with a bodily autonomy view of privacy/private property (information) rights? This is of interest as the Latin American/OAS writ is trending toward personal information as a kind of personal (bodily) autonomy right. What is the relation between Habeas Data and Right to Know/Right to Truth in Human Rights Law? How does the notion of Habeas Data relate to the libertarian critique of intellectual property and ownership of information? Related: Right to be forgotten My Louisiana Civil Law Dictionary From Sebastian: "A bit tangential but if Right to Truth ever includes Right to The Law: In Civil Law Systems, iura novit curia, or "The Court Knows the Law""