Literatura académica sobre el tema "RIGHT TO RESERVE ON THE INTIMACY OF PRIVATE LIFE"

A fundamental point that occupies us in the present analysis is that contents are framed within the dimensions of the right to intimacy, and to privacy since in this respect there is no clear definition in the Political Constitution of the United Mexican States and the Supreme Court of Justice of the Nation does not clarify both terms either. The improvements in the quality of life that have been reported and the new ways of promoting the dignity of people have found in communication technologies new ways of attacking personal rights by those who use these new media for illicit purposes. They are more difficult attacks to investigate, prosecute and punish given the current technological characteristics and that have generated new phenomena that disrupt the intimacy and privacy of people. Therefore, one of the central themes of this discussion is in the proper definition and limits of intimacy and privacy. Both are fundamental and indispensable rights in the development of the people embodied in the Political Constitution of the United Mexican States. Consequently, it is necessary that these two rights are clearly recognized and defined in the Mexican Constitution and a secondary legislation is created that regulates its limits in a timely manner, considering that intimacy is the reserved or more particular part of the thoughts, affections or issues the interior of a person, which appears in a restrictive sphere that belongs to the most personal nucleus of the individual, while privacy is the right that people have to maintain and confidentially reserve files; records, personal or public databases, but also, privacy would depend on the cultural, political and social context in which one lives, that is, there are countries that are characterized by authoritarian governments with strong restrictions in many personal areas, such as free access to the Internet, freedom of the press, freedom of assembly, free formation of social organizations and freedom of worship.

Article outlines the legal guarantees of personal privacy inviolability, reveals the content of the right to privacy and provides recommendationsfor pre-trial investigation agencies to conduct certain investigative (search) actions in penal institutions.The European Court of Human Rights refers all issues related to collection, storage, use and provision of access to informationabout person’s life to the sphere of private life. In its practice, the ECHR did not formulate a proper interpretation of the “private life”concept, but only noted the comprehensive nature of this term which does not have an exhaustive definition.Such principle of criminal process as non-interference in private life is reflected in Article 15 of the Criminal Procedure Code ofUkraine, which states that in the course of criminal proceedings non-interference in private (personal and family) life is guaranteed toeveryone.Information about a person’s private life obtained in accordance with the procedure provided for in the Criminal Procedure Codeof Ukraine may be used exclusively for the goals of criminal proceedings. Everyone with access to information about private life isobliged to prevent its disclosure.Authors emphasize that the pre-trial investigation agencies process information with restricted access while performing the tasksassigned in accordance with job descriptions. This may include official or confidential information along with sensitive data – in thesecases unjustified disclosure can lead to serious consequences.Sexuality is defined as one of the most important components of “private life” conceptual framework, which, as the EuropeanCourt of Human Rights has repeatedly emphasized, is the most intimate sphere of life. This domain includes issues related to homosexualrelationships, gender identity and sex life in general. In such cases, it is the protection of the human right to the development ofone’s personality that is crucial. Due to the natural intimacy of these issues it acquires a degree of protection against interference.Based on the analysis of the legal regulation of the crime scene examination in places of detention, authors concluded that thisprocedure is not clearly regulated, and it requires the investigator to properly prepare and comprehend the algorithm of one’s actions,use audio / video recorders and for the investigative action parties and established security in penal institutions for search and involvementof attesting witnesses, involvement of other investigative (search) actions parties, including the stage of crime scene examination.Information about person’s private life, obtained in the course of pre-trial investigation, even if this person is staying at the place ofdetention, must be duly protected from possible disclosure and access of third parties.The fact of interference with a person’s private life (personal privacy) is a violation of human dignity, personal independence andintegrity. Therefore, pre-trial investigation agencies should be able to clearly observe the balance between the interests of the individual,society and the state during criminal proceedings, and each procedural decision and action must be properly executed, as violation ofcriminal procedure entails the loss of not only evidence, but can also lead to negative consequences in connection with the disclosureof information about the private life of a person.In addition, the pre-trial investigation agencies do not have the right to seize the client-lawyer correspondence, personal medicaldocumentation, including sensitive data, during investigative (search) actions in places of temporary isolation (places of detention)without clearly defined judicial procedures, while investigators must inform the person in details about the aim and procedure of itsperformance.

Resumo: O ciberespaço está sendo usado pela Administração Tributária para desenvolver ferramentas que melhorem a arrecadação e a fiscalização dos tributos. Baseado em uma pesquisa bibliográfica, legislativa e jurisprudencial, este estudo utiliza-se do método dedutivo e do procedimento analítico, e tem por objetivo examinar a relação entre o direito de fiscalização da Administração Pública e os direitos fundamentais do contribuinte, tendo como enfoque a e-financeira, obrigação acessória em formato eletrônico que obriga as instituições bancárias apresentem ao Fisco diversas informações relacionadas com movimentações financeiras dos particulares. Dessa forma, a abordagem inicia-se com considerações acerca do Grande Irmão Fiscal, analisa os deveres e direitos fundamentais do contribuinte, inclusive o sigilo bancário, contrapostos com a fiscalização tributária para, então, questionar se a e-financeira atende os dispositivos constitucionais. Por fim, conclui-se que a e-financeira colide com direitos fundamentais do contribuinte, especialmente a intimidade e a vida privada, já que é exigida independentemente de um formal procedimento administrativo. Palavras-chave: fiscalização tributária; sigilo bancário; direito à intimidade; direito à privacidade; obrigações acessórias tributárias. Abstract: The cyberspace is used by the Tax Administration to develop news instruments to get better the tax collection and the tax audit. Based on a survey of the literature, legislation and case law, this study uses a deductive method and an analytical procedure, and aims to examine the relation between the Public Administration audit right and the taxpayer fundamental rights, using the e-financial, an electronic tax ancillary obligation that requires the banking institutions presents to the Tax Administration a several information that concerns to taxpayer financial transactions. Thus, the articles begins with deliberations of the Fiscal Big Brother, analyses the fundamental duties and rights, including the banking secrecy, opposed with the tax audit for to question that e-financial attend the constitutional law. In the end, the article concludes that the e-financial conflicts with the civil rights, especially the intimacy and private life, because it is demanded regardless of a formal administrative procedure.Key words: tax audit; banking secrecy; right to intimacy; right to privacy; tax ancillary obligation.

The object of science of the financial right is understood as the public relations arising in the course of activities for systematic education (formation), distribution and use of the public, municipal and other public foundations for realization of problems of public character. At the same time the problem of publicity or not publicity of the legal nature of some funds remains not resolved neither in science of the financial right, nor in the legislation of the Russian Federation that does nоt give the chance precisely to define limits of an object of science of the financial right. The obligation of formation and also the sizes which purposes and an order of use are provided by imperatively federal normative legal acts is about funds of funds of the private organizations. In particular, it is possible to carry indemnification funds of self-regulatory organizations, obligatory reserves of credit institutions, reserve funds of joint-stock companies, reserve fund of Association of Tour Operators to such funds in the sphere of outbound tourism, an indemnification fund of professional association of insurers on obligatory insurance by the citizen of responsibility of carrier for infliction of harm of life, etc. In article questions of the legal nature of separate funds of the organizations, including specifics and financial and legal features of their formation and use, relevant for financial and legal science, are considered. Provisions of the legislation of the Russian Federation and also a position of the leading erudite jurists of rather public or non-public legal nature of funds are analyzed. The attention is especially focused that funds have special-purpose character, are formed and used in public interests by the organizations equipped with public functions.

Abstract From the traditional functions of the general principles of the EU law – of interpretation, completion of the gaps and legality control, the principle of balancing seems to meet the most the exigencies of the first of these. The limits of the role of CJEU are certainly put to the test when it is called to settle conflicts between fundamental rights/fundamental freedoms. The trends formulated in Schmidberger (on the conflict between the free circulation of the commodities and the freedom of expression) or Promusicae (on the conflict between the right to the effective protection of the intellectual property and the right to the respect of the private life and the protection of the personal data) are more than illustrative. The doctrine assessments of the action of this principle reflect three fields in which the applicability thereof tends to reserve to the Court a role that is susceptible of creating controversies on its traditional extension. According to the authorized voice of Professor Norbert Reich, the balancing in the jurisprudence on the abusive clauses, the balancing for the avoidance of excessive protection and the balancing in social conflicts (making visible an aggravation of the conflict between fundamental rights and fundamental freedoms) are concerned.

This article (part I) presents the activities of artistic circles - architects - and their impact on the ways of using and arrangement of the living area. The way of using apartment is understood as:1) The way of arranging basic living functions by inhabitants (sleeping, resting, preparing and eating meals, receiving guests, studying, personal hygiene);2) The relationships between inhabitants and an apartment dependent on education, occupational structure, origin, life style, inherited cultural patterns, fashion as well as a group of physical characteristics and apartment attributes);3) The rights of family members to use the apartment space, including the right to intimacy and having own private space, as well as the representative needs.The aim of this article is to show the evolution of design thinking in the field of functional and spatial layouts of apartments and indicating the main trends of these changes. The selected functional layouts of apartments (including the remarks of the author of the design), representative of the given period of time, have been analyzed with respect to social and political conditions. In summary, the most important tendencies, which may be observed in respect of discussed changes, have been indicated. These include: expanding the living-room area of the apartment by designing a kitchen closer to the living-room or even combining a kitchen with a living -room; the differentiated approach to the issues of creating sleeping areas due to the understanding of children’s individual needs to have their own living space; the concern to upgrade the quality of hygiene in an apartment - by creating separate restrooms and designing bathrooms with a space for a washing machine.

In a recent interview, Bob Dylan said that he has learned never to ‘give one hundred per cent’ – a person, particularly a public artist, should always hold something in reserve. Somewhat taken aback, the interviewer pressed for a follow-up to this puzzling statement. Wasn't Dylan giving 100 per cent on those great albums of the 1960s. Highway 61 Revisited and Blonde on blonde? All right, Dylan finally admitted, maybe he was. The reporter dropped the question and went on to other subjects, leaving the readers, like Mr Jones, wondering just what is going on here. Most people who have followed Dylan's work throughout his career would agree that, in his work of the 1980s, he seems to be holding something back. There are flashes of brilliance, of the old verbal acuity, the ability to come up with the startlingly perfect phrase to fit his needs in a song. There have been truly great songs, like ‘Jokerman’, ‘Dark Eyes’ and ‘Brownsville Girl’. But there have also been embarrassingly awful songs, like ‘Never Gonna Be the Same Again’, lacklustre singing and woefully inconsistent production values on his records. We know what he is capable of – he knows what he is capable of – yet he doesn't give us his best. Why? In our view the answer, like most aspects of Bob Dylan, is not simple but may well involve a complex combination of factors all pertaining to the attempt to balance the dialectical forces pulling upon him from both the public and private areas of his life.

This case chronicles the events in the life of a security guard who would like to enroll his five-year-old daughter in a private school under the Right to Education Act (RTE). Section 12(1)(c) of the RTE Act mandates that private schools reserve at least 25% of their seats for children from marginalized and economically weaker sections of society. This case can be used for classroom discussion in a course that deals with e-governance, ICT for Development or Technology deployment/digital service delivery in developing countries. It helps students think of an evaluation framework for assessing an e-governance solution for the disadvantaged and use the framework to critically assess the Gujarat government's digital solution for the RTE programme.

The mobile phone found its way to the Philippines when the first generation of Global Systems for Mobile Communication or GSM handsets was introduced in the country in 1994. This GSM protocol eventually developed to introduce a faster and more efficient means of storing, manipulating, and transmitting data by allowing data to be translated into a series of ones and zeroes. Digital technology furthered the mobile phone’s potentials from being a mere “talking device on the move” (Leung and Wei 316) to a more dynamic participant in the new information age. The capacity to merge all forms of binary data enabled mobile phones to allow convergent services such as chatting, voice-mail, news updates, e-mailing, Internet browsing, and even the dissemination of image and audio files. Apart from the allure of the possibilities of digital communication, the mobile phone was also welcomed in the Philippines because of its convenience; it provided the country, especially the rural areas where telephones are unavailable or inaccessible, with a modern means of communication. A survey conducted by the Social Weather Station (SWS) in 2001 reveals the extent of the dissemination of this technology in the Philippines: “Out of the 15 million households in the Philippines, an estimated 2.5 million have a cellular phone, of which 2.3 million have text-messaging capacity. For the entire nation, text-messaging is available to 15% of all households in general, but it is available to 53% of ABC households in particular. Of the 2.3 million text-capable households in the nation, 800 thousand are in Metro Manila.” Of the 80 million Filipinos, there are now 22 million mobile phone owners in the country compared to only 6.7 million subscribed landlines (Lallana 1). Of the various digital applications of the mobile phone, text messaging is still considered to be the most exploited service in the Philippines. A voice call placed through the mobile phone would typically cost around six to seven pesos per minute while a text message costs a peso per message. Corollary, a typical Filipino now sends an average of ten messages every day, contributing to a daily traffic of over 300 million text messages (Pertierra 58). This has led to the popular notion of the Philippines as the “texting capital of the world” (Pertierra et al. 88). In Text-ing Selves, a study that examines the use of mobile phones in the country, Pertierra and other researchers argue that texting has made it possible to create new unsurveilled and unconventional human relationships. In one case cited in the book, for example, a male and a female texter met after an accidental exchange of text messages. Although initially they were very reserved and guarded, familiarity between the two was fostered greatly because the medium allowed for an anonymous and uncommitted communication. Eventually, they met and shortly after that, got engaged. A second instance involved a person who exchanged phone numbers with his friends to pursue strangers and win new friends by texting. He engaged in virtual or text-based “affairs” with women, which would later on result to actual physical sex. Another case examined was that of an 18-year old bisexual who met “textmates” by participating in interactive Text TV chatrooms. Although he eventually met up with individuals to have sex, he professed to use the Text TV mainly to create these virtual relationships with persons of the same sex. (Pertierra et al. 64-89) It is because of the considerable popularity of the medium and the possible repercussions of such curious relationships and interpersonal communication patterns that the phenomenon of mobile phone use, particularly that of texting, in the Philippines is worthy of systematic scrutiny. Thus, the purpose of this study is to examine the relational context being created through this wireless messaging system. An exploratory study, this research examines the contributions of the texting technology that allowed development of romantic relationships among its users. Ultimately, this paper aims to identify what makes texting a novel romantic device in the Philippines. The framework in the understanding of relationship development through texting incorporates Malcolm Parks’ theory of relationship life cycle and network (352). In his proposal, interpersonal relationships of all types are usually conceptualized as developing from the impersonal to the personal along a series of relatively specific dimensions: increases in interdependence, in the variety and intimacy of interaction, in interpersonal predictability and understanding, in the change toward more personalized ways of communicating and coordinating, in commitment, and in the convergence of the participants’ social networks. According to Parks (359-68), relationships move within the constructive character of communication that involves the interaction of the structure and content of communication between the participants. Thus, the researcher would like to identify the relationship between these seven factors of relationship development and the texting technology. This research identified the attributes of the texting technology along the seven dimensions of Park’s theory of relational development. Qualitative data was obtained and explored in the light of the concepts presented in the related literature, particularly the theoretical discourses of Paul Levinson and Raul Pertierra et al. A total of 43 respondents, 21 males and 22 females, were selected through purposive sampling to derive exploratory data through the in-depth interview method. Texting and Interdependence Unwritten Rule of Texting Respondents revealed that their relationships developed with their respective partners because texting made them more dependent on each other. “It became a habit” (Emmy). Partners texted each other as often as they could, until they have established themselves as regular textmates. One respondent’s day would also be influenced by his partner’s text message: “Kapag hindi siya nakakapagtext, nami-miss ko siya (If she doesn’t text, I miss her). Her simple ‘good morning’s’ can really help me start my day right.” At this level of the relationship, texters always had the compulsion to keep the communication constantly moving. One respondent attributed this to the “unwritten rule of texting.” Clara elaborated: You know there’s this unwritten rule in texing: once a person has texted you, you have to reply. If you don’t reply, the person will automatically think you ignored him or her on purpose. So you have to reply no matter what. Even when you really have nothing to say, you’re forced to come up with something or give your opinion just to keep the conversation going. Immediacy and Accessibility Some respondents exhibited interdependence by “reporting” or informing each other of the happenings in their individual lives. Arnel shared: Ang ilang pinakanatulong sa amin ng texting ay to inform each other kung saan na kami at kung anong pinagkakaabalahan namin at a specific time, especially kung hindi kami magkasama. (One of the greatest aid of texting in our relationship is that it enables us to inform each other about where we are and what we are doing at a specific time, especially if we are not together). He also added that texting allows them to organize their schedules as well as to logistically set meeting times or inform the other of one’s tardiness. Texting also allowed for the individuals in the relationship to influence each other’s thoughts, behaviors, and actions. “Kapag nagkukuwento siya kung anong nangyari sa kaniya tapos tingin ko mali, pinagsasabihan ko siya (If she tells me stories about what happened to her and then I see that there’s something wrong with it, I admonish her)” (Jesus). Jack summarized how the texting technology facilitated these indicators of interdependence between romantic partners: There’s a feeling of security that having a cellphone gives to a certain person, because you know that, more often than not, you can and will be reached by anyone, anywhere, anytime, and vice versa. So when I need comfort, or someone to listen, or I need to vent, or I need my boyfriend’s opinion, or I need his help in making a decision, it’s really relieving to know that he’s just a text or phone call away. These responses from the participants in a texting romantic relationship confirm Paul Levinson’s arguments of the mobile phone’s feature of accessibility. In the book Cellphone: The Story of the World’s Most Mobile Medium and How it has Transformed Everything! he mentions that the mobile phone technology, particularly texting, permits users to make instant, immediate and direct delivery of messages. He further explains that texting can be a romancing tool because before there was the mobile phone, people placing call through the telephone had to make sure that the persons they are asking out on a date are at home when the phone rings (Levinson 97). Texting and Depth: Privacy and Levinson’s Silence Texting also facilitated an efficient exchange of a variety of important, intimate, and personal topics and feelings for most of the respondents. A number of respondents even confessed that they could go as intimate as exchanging sexual messages with their partners. One respondent revealed that he could text his partner anything “kahit nga text sex pwede rin eh (even ‘sex text’ is allowed).” But mostly, the text exchanges consisted of intimate romantic feelings that one could not manage to say in person. Richard shared: “For example, through text we can say ‘I love you’ to each other. Aside from that, nasasabi ko rin yung mga problems na hindi ko masabi ng harapan (I could tell her about my problems that I could not say face-to-face).” Arnel, a homosexual, attributed this ease of transmitting intimate and personal topics and feelings to the texting technology’s unique feature of privacy. “Kasi wari bang nakakalikha ng pribadong espasyo yung screen ng phone mo na kahit na magkalayo kayo” (Because the mobile phone screen is able to create a private space that even if you are far from each other) physically, the virtual space created by that technology is apparent. Because no one can hear you say those things or no one else can read [them], assuming na hindi pinabasa sa ibang tao o hindi nakita (that it is not allowed to be read or seen by others) (Arnel). Arnel’s discussion of the private space that allows for intimate exchanges links up with Paul Levinson’s silence as one of the biggest benefit of the texting technology. Texting permits receivers to view their messages in private as opposed to having others in the environment hear and know about their particular communication or simply even just the fact that they are communicating (Levinson 112-14). Anonymity RJ would associate this capability to swap intimate information between partners to texting’s provision for anonymity. In texting, there is the element of anonymity, thus, you can feel more comfortable with sharing more intimate messages. As opposed to a face-to-face conversation wherein you would tend to hold back some feelings or thoughts because of fear of outright rejection. Personally, I consider that factor as a very important element in the development of our relationship. Because I am not really the aggressive-frank type of guy, I tend to hold back in telling her intimate things face to face. The feature of anonymity that the respondents mentioned seems to refer to one characteristic that Pertierra, et al. (91) outlined in their book. They wrote that communication through texting has also efficiently incorporated meaning, intention, and expressions allowing texters to say what is normally unsayable in face-to-face contexts. This clearly points to the comfort that the respondents identified when they’d share about intimate details like their exes and other information that a typical “non-aggressive-frank guy, who fears outright rejection,” would. Autonomy Perhaps an additional feature that might be closely related to privacy and anonymity is the autonomous nature of the texting technology. Homosexuals like Jetrin took advantage of this feature to facilitate unconventional same-sex affairs: “Unlike pagers, mobile phones are not monitored, therefore I can pretty much say what I want to the other person. I get to express myself more clearly and intimate[ly]”. Because of this absence of censorship, texters can confidently say “’I love you’ or ‘I want to throw you against the wall and make you feel like a cheap whore’ (Jetrin)” without having to concern themselves about a third-party processing their messages. Texting and Breadth Expressing Real and Virtual Emotions Because of these various constraints, respondents started to locate other avenues to communicate with their partners. Thus, the breadth of the relationship increased. Other means of communication that the respondents mentioned are face-to-face encounters, voice phone calls (either landline or mobile phone), e-mail, chat (YM, ICQ, Web cam, etc.), and even snail mail. However way they decided to extend their communication beyond texting, almost all of them declared that it is still texting that instigated this movement to another medium. One respondent said “Of course text ang taga-initiate (initiates) and then more ways [follow] after.” Although texting employs a dualistic nature of beneficial anonymity and uncertainty between exchanging partners, a number of respondents still express optimism about the texting technology’s capacity to bridge the gap between expressing real and virtual emotions. Some claimed that “even [in] text [there is] personality; smiling face, exclamation points, feelings are still communicated.” RG also expressed that “yung mga smileys nakakatulong sa pag-express ng emotions (smileys help in expressing emotions).” Jake added that “qualities like the smiley faces and sad faces you can make using the punctuation marks, etc. can really add warmth and depth to text messages.” Texting and Commitment Regularity Since most of the couples in a romantic relationship did not have the luxury of time to meet up in person or talk over the phone regularly, the frequency of texting became a distinct indication about their commitment to their relationships. “To commit is to be there for the person, 24/7. Texting helps in achieving that despite of the barriers in time and distance” (Von). Didith showed the other end of this phenomenon: “When he texted less and less in the course of the relationship, it made me doubt about … his commitment.” This regularity of texting also provided for strengthening the bond and connection between partners that ultimately “As we share more and more of our lives with each other, more trust develops…and the more trust you instill in each other, the more you expect the relationship to be stronger and more lasting” (Jack). Convenience and Affordability Some respondents pointed out texting’s convenient nature of linking partners who are rather separated by physical and geographical limits. Richard used texting to contact his partner “kasi malayo kami sa isa’t-isa, lalo na kapag umuuwi siya sa Bulacan. Texting ang pinakamadali, cheapest, and convenient way para makapag-communicate kami (because we are far from each other, especially if she goes home to Bulacan. Texting is the fastest, cheapest, and convenient way for us to communicate).” This “presence” that strengthens the commitment between partners, as suggested by most of the respondents, indicates the capacity of the mobile phone to transform into an extension of the human body and connect partners intimately. Texting, Predictability and Understanding Redundancy Some of the respondents agreed that it is the regularity of texting that enabled them to become more capable of understanding and predicting their partner’s feelings and behaviors. Tina articulated this: “Probably due to redundancy, one can predict how the other will react to certain statements.” Jake also expressed the same suggestion: Texting in our relationship has become a routine, actually. Texting has become like talking for us. And the more we text/talk, the more we get to know each other. Nagiging sanay na kami sa ugali at pag-iisip ng isa’t-isa (We become used to each other’s attitudes and thinking). So it’s inevitable for us to be able to predict one another’s reactions and thoughts to certain topics. Because we get to a point wherein we feel like we know each other so well, that when we are able to correctly predict a feeling or behavior, we find it amusing. In the end, the regularity of the interaction brought about learning. “I’ve learned much of her from texting. I knew that she becomes disappointed with certain things or she really appreciates it when I do certain things. It became easier for me to learn about her thoughts, feelings, etc.” (RJ) Managing of Contextual Cues A lot of the respondents mentioned that their understanding and predictability of their partners was also heightened by the context of the construction of the messages that were being transmitted. “If there are smiley faces, then we’re okay. No cute expressions mean we’re in a serious mode” (Didith). “Either an added word, a missing word, or a word out of place in the message gives me the clue” (Jake). The textual structure and signs became instrumental into the translation of how to perceive another’s feelings or reactions. “For example, pag normal, sweet words yung nasa text, may mga ‘I love you,’ mga ganon. Pero kung galit siya, may iba. Minsan ‘Oo’ lang yung sagot. Kaya mas nakikilala ko pa siya through text (For example, on a normal circumstance, her text would contain sweet words like ‘I love you.’ But if she’s mad, it’s different. At times, she would just reply with a mere ‘yes.’ That’s why I get to know her more through text)” (Richard). Texting and Communicative Change Own Private World Texting allowed respondents to create special languages that they used to interact with their own partners. It is an inherent characteristic of texting that limits messages up to 360 characters only, and it becomes almost a requirement to really adapt a rather abbreviated way of writing when one has to send a message. In this study however, it was found that the languages that respondents created were not the usual languages that the general public would use or understand in texting – it even went beyond the usual use of the popular smileys. Respondents revealed that they created codes that only they and their respective partners understood in their “own private world” (Jackie, Emma). “How I text him is different from how I text other people so I don’t think other people would understand what I’m telling him, and why the manner is so if they read our messages” (Anika). Leana shared an example: My partner and I have created special nicknames and shortcuts that only the two of us know and understand. Kunyari (For example), we have our own way of saying ‘I love you’ or ‘I miss you.’ To send a kiss… we use a set of characters different from the usual. Basta secret na namin ‘yon (It is our secret). Fun Majority of the respondents identified communicative code change as the most exciting and fun part in texting. “It is one of the best things about relating with someone through texting. It is one of the most fun things to do” (Mario). And the amusement that this interaction caused was not only limited in the virtual environment and the textual context. “It is one of the fun things about our texting and it even carries over when we are together personally” (Justin). “Since words are what we have, we play with them and try to be creative. Para masaya, exciting (So that it is fun and exciting)” (Charm). Incidentally, this sense of fun and excitement is also one of the attributes that Pertierra and his co-authors mentioned in their book Txt-ing Selves (Pertierra et al. 140): “Many see texting as an opportunity for fun.” Texting and Network Convergence Texting also made network convergence possible among partners, and their respective social circles, in a romantic relationship. Because the respondents engaged in non-stop texting, their friends and family started to notice their change in behavior. “People become curious… They want to know the person I text with every minute of every day… I guess people can tell when a person’s in love, even when it has only developed through texting” (Clara). Jake shared a very likely scenario: “If you get text messages when you’re with your friends/family and you laugh at the message you receive, or just react to whatever you receive, you’d have to make kwento (tell) who you’re texting to make sense of your reactions.” Others though, readily announced their relationships to everyone: “I’ll text my friends first na ‘Uy, may bago ako.’ (I will text my friends first that: ‘Hey, I have a new girlfriend.’)” (Richard). But sometimes, texters also introduced their partners to people outside their friends and family circles. “Sometimes, it even goes beyond personal. Example, if my ‘new partner’ who has never met any of my friends and family need help with something (business, academic, etc.) then I introduce him to someone from my circle who can be of help to him” (Jetrin). Network convergence could also take place through and within the medium itself. Respondents revealed that their family and friends actually interact with each other through texting without necessarily having the opportunity to meet in person. Pauline shared: “Ate (My older sister)… used to send text messages to him before to ask where I am. And my mom stole his number from my phone ‘just in case’.” Didith and her boyfriend also experienced having their friends involved in the dynamics of their relationship: “During our first major quarrel, he texted and called my friend to ask what I was mad about. Likewise, when we have a minor spat, I call his friend to vent or ask about him.” Conclusion This study establishes the texting technology’s capacity as a romancing gadget. As the interview participants pointed out, because of the technology’s capacity to allow users to create their own world capable of expressing real and virtual emotions, and managing contextual cues, texters were able to increase their dependence and understanding of one another. It also allowed for partners to exchange more personal and intimate information through an instant and private delivery of messages. The facilitation of communicative change made their relationship more exciting and that the texting medium itself became the message of commitment to their relationship. Finally, texting also led the partners to introduce one another to their families and friends either through the texting environment or face-to-face. Ultimately, texting became their means to achieving intimacy and romance. Texting offered a modern communication medium for carrying out traditional gender roles in pursuing romance for the heterosexual majority of the respondents. However, the messaging tool also empowered the homosexuals and bisexuals involved in the study. The highly private and autonomous textual environment enabled them to explore new and unorthodox romantic and even sexual relations. Moreover, texting may be considered as a venue for “technological foreplay” (Nadarajan). Almost all of those who have used texting to sustain their intimacy indicated the choice to expand to other modes of communication. Although relationships set in a purely virtual environment actually exist, the findings that these relationships rarely stay virtual point to the idea that the virtual setting of texting becomes simply just another place where partners get to exercise their romance for each other, only to be further “consummated” perhaps by a face-to-face contact. Data gathering for this research revealed a noteworthy number of respondents who engage in a purely virtual textual relationship. A further investigation of this occurrence will be able to highlight the capacity of texting as a relationship gadget. Long distance relationships sustained by this technology also provide a good ground for the exploration of the text messaging’s potentials as communication tool. References Lallana, Emmanuel. SMS, Business, and Government in the Philippines. Manila: Department of Science and Technology, 2004. Leung, Louis, and Ran Wei. “More than Just Talk on the Move: Uses and Gratifications of the Cellular Phone.” Journalism and Mass Communication Quarterly 77 (2000): 308-320. Levinson, Paul. Cellphone: The Story of the World’s Most Mobile Medium and How It Has Transformed Everything! New York: Palgrave Macmillan, 2004. Mangahas, Malou. “For the Little History of EDSA-2.” Social Weather Station 26 Jan. 2001. 31 Jan. 2005 http://www.sws.org.ph/>. Nadarajan, Gunalan. Personal communication with the author. 2004. Parks, Malcolm. “Communication Networks and Relationship Life Cycles.” Handbook of Personal Relationships: Theory, Research, and Interventions. 2nd ed. Ed. Steve Duck. London: John Wiley, 1997. 351-72. Pertierra, Raul. Transforming Technologies: Altered Selves – Mobile Phone and Internet Use in the Philippines. Manila: De La Salle UP, 2006. Pertierra, Raul, et al. Text-ing Selves: Cellphones and Philippine Modernity. Manila: De La Salle UP, 2002. Solis, Randy Jay. “Mobile Romance: An Exploration of the Development of Romantic Relationships through Texting.” Asia Culture Forum, Gwangju, South Korea: 29 Oct. 2006. Citation reference for this article MLA Style Solis, Randy Jay C. "Texting Love: An Exploration of Text Messaging as a Medium for Romance in the Philippines." M/C Journal 10.1 (2007). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0703/05-solis.php>. APA Style Solis, R. (Mar. 2007) "Texting Love: An Exploration of Text Messaging as a Medium for Romance in the Philippines," M/C Journal, 10(1). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0703/05-solis.php>.

Introduction How do we measure intimacy? What are its impacts on our social, political and personal lives? Can we claim a politics to our intimate lives that escapes the normative confines of archaic institutions, while making social justice claims for relationship recognition? Negotiating some of these disparate questions requires us to think more broadly in contemporary public debates on equality and relationship recognition. Specifically, by outlining the impacts of the popular "gay marriage" debate, this paper examines the impacts of queer theory in association with public policy and community lobbying for relationship equality. Much of the debate remains polarised: eliminating discrimination is counterposed to religious or reproductive narratives that suggest such recognition undermines the value of the "natural" heterosexual family. Introducing queer theory into advocacy that oscillates between rights and reproduction problematises indexing intimacy against normative ideas of monogamy and family. While the arguments circulated by academics, lawyers, politicians and activists have disparate political and ethical impacts, when taken together, they continue to define marriage as a public regulation of intimacy and citizenship. Citizenship, measured in democratic participation and choice, however, can only be realised through reflexive politics that value difference. Encouraging critical dialogue across disparate areas of the marriage equality debate will have a significant impact on how we make ethical claims for recognising intimacy. (Re)defining Marriage In legislative terms, marriage remains the most fundamental means through which the relationship between citizenship and intimacy is crystallised in Australia. For example, in 2004 the Federal Liberal Government in Australia passed a legislative amendment to the Marriage Act 1961 and expressly defined marriage as a union between a man and a woman. By issuing a public legislative amendment, the Government intended to privilege monogamous (in this case understood as heterosexual) intimacy by precluding same-sex or polygamous marriage. Such an exercise had rhetorical rather than legal significance, as common law principles had previously defined the scope of marriage in gender specific terms for decades (Graycar and Millbank 41). Marriage as an institution, however, is not a universal or a-historical discourse limited to legal or political constructs. Socialist feminist critiques of marriage in the 1950s conceptualised the legal and gender specific constructs in marriage as a patriarchal contract designed to regulate female bodies (Hannam 146). However, Angela McRobbie notes that within a post-feminist context, these historical realities of gendered subjugation, reproduction or domesticity have been "disarticulated" (26). Marriage has become a more democratic and self-reflexive expression of intimacy for women. David Shumway elaborates this idea and argues that this shift has emerged in a context of "social solidarity" within a consumer environment of social fragmentation (23). What this implies is that marriage now evokes a range of cultural choices, consumer practices and affective trends that are incommensurable to a singular legal or historical term of reference. Debating the Politics of Intimacy and Citizenship In order to reflect on this shifting relationship between choice, citizenship and marriage as a concept, it is necessary to highlight that marriage extends beyond private articulations of love. It is a ritualised performance of heterosexual individual (or coupled) citizenship as it entrenches economic and civil rights and responsibilities. The private becomes public. Current neo-liberal approaches to same-sex marriage focus on these symbolic and economic questions of how recognising intimacy is tied to equality. In a legal and political context, marriage is defined in s5 Marriage Act as "the union between a man and a woman to the exclusion of all others, voluntarily entered into for life." While the Act does not imbue marriage with religious or procreative significance, such a gender dichotomous definition prevents same-sex and gender diverse partners from entering into marriage. For Morris Kaplan, this is a problem because "full equality for lesbian and gay citizens requires access to the legal and social recognition of our intimate associations" (201). Advocates and activists define the quest for equal citizenship by engaging with current religious dogma that situates marriage within a field of reproduction, whereby same-sex marriage is seen to rupture the traditional rubric of monogamous kinship and the biological processes of "gender complementarity" (Australian Christian Lobby 1). Liberal equality arguments reject such conservative assertions on the basis that desire, sexuality and intimacy are innate features of human existence and hence always already implicated in public spheres (Kaplan 202). Thus, legal visibility or state recognition becomes crucial to sustaining practices of intimacy. Problematising the broader social impact of a civil rights approach through the perspective of queer theory, the private/public distinctions that delineate citizenship and intimacy become more difficult to negotiate. Equality and queer theory arguments on same-sex marriage are difficult to reconcile, primarily because they signify the different psychic and cultural investments in the monogamous couple. Butler asserts that idealisations of the couple in legal discourse relates to norms surrounding community, family and nationhood (Undoing 116). This structured circulation of sexual norms reifies the hetero-normative forms of relationships that ought to be recognised (and are desired) by the state. Butler also interrogates this logic of marriage, as a heterosexual norm, and suggests it has the capacity to confine rather than liberate subjects (Undoing 118-20). The author's argument relies upon Michel Foucault's notion of power and subjection, where the subject is not an autonomous individual (as conceived in neo liberal discourses) but a site of disciplined discursive production (Trouble 63). Butler positions the heterosexuality of marriage as a "cultural and symbolic foundation" that renders forms of kinship, monogamy, parenting and community intelligible (Undoing 118). In this sense, marriage can be a problematic articulation of state interests, particularly in terms of perpetuating domesticity, economic mobility and the heterosexual family. As former Australian Prime Minister John Howard opines: Marriage is … one of the bedrock institutions of our society … marriage, as we understand it in our society, is about children … providing for the survival of the species. (qtd. in Wade) Howard's politicisation of marriage suggests that it remains crucial to the preservation of the nuclear family. In doing so, the statement also exemplifies homophobic anxieties towards non-normative kinship relations "outside the family". The Prime Ministers' words characterise marriage as a framework which privileges hegemonic ideas of monogamy, biological reproduction and gender dichotomy. Butler responds to these homophobic terms by alluding to the discursive function of a "heterosexual matrix" which codes and produces dichotomous sexes, genders and (hetero)sexual desires (Trouble 36). By refusing to accept the binary neo-liberal discourse in which one is either for or against gay marriage, Butler asserts that by prioritising marriage, the individual accepts the discursive terms of recognition and legitimacy in subjectifying what counts as love (Undoing 115). What this author's argument implies is that by recuperating marital norms, the individual is not liberated, but rather participates in the discursive "trap" and succumbs to the terms of a heterosexual matrix (Trouble 56). In contradistinction to Howard's political rhetoric, engaging with Foucault's broader theoretical work on sexuality and friendship can influence how we frame the possibilities of intimacy beyond parochial narratives of conjugal relationships. Foucault emphasises that countercultural intimacies rely on desires that are relegated to the margins of mainstream (hetero)sexual culture. For example, the transformational aesthetics in practices such as sadomasochism or queer polyamorous relationships exist due to certain prohibitions in respect to sex (Foucault, History (1) 38, and "Sex" 169). Foucault notes how forms of resistance that transgress mainstream norms produce new experiences of pleasure. Being "queer" (though Foucault does not use this word) becomes identified with new modes of living, rather than a static identity (Essential 138). Extending Foucault, Butler argues that positioning queer intimacies within a field of state recognition risks normalising relationships in terms of heterosexual norms whilst foreclosing the possibilities of new modes of affection. Jasbir Puar argues that queer subjects continue to feature on the peripheries of moral and legal citizenship when their practices of intimacy fail to conform to the socio-political dyadic ideal of matrimony, fidelity and reproduction (22-28). Puar and Butler's reluctance to embrace marriage becomes clearer through an examination of the obiter dicta in the recent American jurisprudence where the proscription on same-sex marriage was overturned in California: To the extent proponents seek to encourage a norm that sexual activity occur within marriage to ensure that reproduction occur within stable households, Proposition 8 discourages that norm because it requires some sexual activity and child-bearing and child-rearing to occur outside marriage. (Perry vs Schwarzenegger 128) By connecting the discourse of matrimony and sex with citizenship, the court reifies the value of marriage as an institution of the family, which should be extended to same-sex couples. Therefore, by locating the family in reproductive heterosexual terms, the court forecloses other modes of recognition or rights for those who are in non-monogamous relationships or choose not to reproduce. The legal reasoning in the case evinces the ways in which intimate citizenship or legitimate kinship is understood in highly parochial terms. As Kane Race elaborates, the suturing of domesticity and nationhood, with the rhetoric that "reproduction occur within stable households", frames heterosexual nuclear bonds as the means to legitimate sexual relations (98). By privileging a familial kinship aesthetic to marriage, the state implicitly disregards recognising the value of intimacy in non-nuclear communities or families (Race 100). Australia, however, unlike most foreign nations, has a dual model of relationship recognition. De facto relationships are virtually indistinguishable from marriage in terms of the rights and entitlements couples are able to access. Very recently, the amendments made by the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Reform) Act 2008 (Cth) has ensured same-sex couples have been included under Federal definitions of de facto relationships, thereby granting same-sex couples the same material rights and entitlements as heterosexual married couples. While comprehensive de facto recognition operates uniquely in Australia, it is still necessary to question the impact of jurisprudence that considers only marriage provides the legitimate structure for raising children. As Laurent Berlant suggests, those who seek alternative "love plots" are denied the legal and cultural spaces to realise them ("Love" 479). Berlant's critique emphasises how current "progressive" legal approaches to same-sex relationships rely on a monogamous (heterosexual) trajectory of the "love plot" which marginalises those who are in divorced, single, polyamorous or multi-parent situations. For example, in the National Year of Action, a series of marriage equality rallies held across Australia over 2010, non-conjugal forms of intimacy were inadvertently sidelined in order to make a claim for relationship recognition. In a letter to the Sydney Star Observer, a reader laments: As a gay man, I cannot understand why gay people would want to engage in a heterosexual ritual called marriage … Why do gay couples want to buy into this ridiculous notion is beyond belief. The laws need to be changed so that gays are treated equal under the law, but this is not to be confused with marriage as these are two separate issues... (Michael 2) Marriage marks a privileged position of citizenship and consumption, to which all other gay and lesbian rights claims are tangential. Moreover, as this letter to the Sydney Star Observer implies, by claiming sexual citizenship through the rubric of marriage, discussions about other campaigns for legislative equality are effectively foreclosed. Melissa Gregg expands on such a problematic, noting that the legal responses to equality reiterate a normative relationship between sexuality and power, where only couples that subscribe to dyadic, marriage-like relationships are offered entitlements by the state (4). Correspondingly, much of the public activism around marriage equality in Australia seeks to achieve its impact for equality (reforming the Marriage Act) by positioning intimacy in terms of state legitimacy. Butler and Warner argue that when speaking of legitimacy a relation to what is legitimate is implied. Lisa Bower corroborates this, asserting "legal discourse creates norms which universalise particular modes of living…while suppressing other practices and identities" (267). What Butler's and Bower's arguments reveal is that legitimacy is obtained through the extension of marriage to homosexual couples. For example, Andrew Barr, the current Labor Party Education Minister in the Australian Capital Territory (ACT), noted that "saying no to civil unions is to say that some relationships are more legitimate than others" (quoted in "Legal Ceremonies"). Ironically, such a statement privileges civil unions by rendering them as the normative basis on which to grant legal recognition. Elizabeth Povinelli argues the performance of dyadic intimacy becomes the means to assert legal and social sovereignty (112). Therefore, as Jenni Millbank warns, marriage, or even distinctive forms of civil unions, if taken alone, can entrench inequalities for those who choose not to participate in these forms of recognition (8). Grassroots mobilisation and political lobbying strategies around marriage equality activism can have the unintentional impact, however, of obscuring peripheral forms of intimacy and subsequently repudiating those who contest the movement towards marriage. Warner argues that those who choose to marry derive pride from their monogamous commitment and "family" oriented practice, a privilege afforded through marital citizenship (82). Conversely, individuals and couples who deviate from the "normal" (read: socially palatable) intimate citizen, such as promiscuous or polyamorous subjects, are rendered shameful or pitiful. This political discourse illustrates that there is a strong impetus in the marriage equality movement to legitimate "homosexual love" because it mimics the norms of monogamy, stability, continuity and family by only seeking to substitute the sex of the "other" partner. Thus, civil rights discourse maintains the privileged political economy of marriage as it involves reproduction (even if it is not biological), mainstream social roles and monogamous sex. By defining social membership and future life in terms of a heterosexual life-narrative, same-sex couples become wedded to the idea of matrimony as the basis for sustainable intimacy and citizenship (Berlant and Warner 557). Warner is critical of recuperating discourses that privilege marriage as the ideal form of intimacy. This is particularly concerning when diverse erotic and intimate communities, which are irreducible to normative forms of citizenship, are subject to erasure. Que(e)rying the Future of Ethics and Politics By connecting liberal equality arguments with Butler and Warner's work on queer ethics, there is hesitation towards privileging marriage as the ultimate form of intimacy. Moreover, Butler stresses the importance of a transformative practice of queer intimacy: It is crucial…that we maintain a critical and transformative relation to the norms that govern what will not count as intelligible and recognisable alliance and kinship. (Undoing 117) Here the author attempts to negotiate the complex terrain of queer citizenship and ethics. On one hand, it is necessary to be made visible in order to engage in political activism and be afforded rights within a state discourse. Simultaneously, on the other hand, there is a need to transform the prevailing hetero-normative rhetoric of romantic love in order to prevent pathologising bodies or rendering certain forms of intimacy as aberrant or deviant because, as Warner notes, they do not conform to our perception of what we understand to be normal or morally desirable. Foucault's work on the aesthetics of the self offers a possible transformational practice which avoids the risks Warner and Butler mention because it eludes the "normative determinations" of moralities and publics, whilst engaging in an "ethical stylization" (qtd. in Race 144). Whilst Foucault's work does not explicitly address the question of marriage, his work on friendship gestures to the significance of affective bonds. Queer kinship has the potential to produce new ethics, where bodies do not become subjects of desires, but rather act as agents of pleasure. Negotiating the intersection between active citizenship and transformative intimacy requires rethinking the politics of recognition and normalisation. Warner is quite ambivalent as to the potential of appropriating marriage for gays and lesbians, despite the historical dynamism of marriage. Rather than acting as a progressive mechanism for rights, it is an institution that operates by refusing to recognise other relations (Warner 129). However, as Alexander Duttmann notes, recognition is more complex and a paradoxical means of relation and identification. It involves a process in which the majority neutralises the difference of the (minority) Other in order to assimilate it (27). However, in the process of recognition, the Other which is validated, then transforms the position of the majority, by altering the terms by which recognition is granted. Marriage no longer simply confers recognition for heterosexual couples to engage in reproduction (Secomb 133). While some queer couples may subscribe to a monogamous relationship structure, these relationships necessarily trouble conservative politics. The lamentations of the Australian Christian Lobby regarding the "fundamental (anatomical) gender complementarity" of same-sex marriage reflect this by recognising the broader social transformation that will occur (and already does with many heterosexual marriages) by displacing the association between marriage, procreation and parenting (5). Correspondingly, Foucault's work assists in broadening the debate on relationship recognition by transforming our understanding of choice and ethics in terms of "queer friendship." He describes it as a practice that resists the normative public distinction between romantic and platonic affection and produces new aesthetics for sexual and non-sexual intimacy (Foucault, Essential 170). Linnell Secomb argues that this "double potential" alluded to in Foucault and Duttman's work, has the capacity to neutralise difference as Warner fears (133). However, it can also transform dominant narratives of sexual citizenship, as enabling marriage equality will impact on how we imagine traditional heterosexual or patriarchal "plots" to intimacy (Berlant, "Intimacy" 286). Conclusion Making an informed impact into public debates on marriage equality requires charting the locus of sexuality, intimacy and citizenship. Negotiating academic discourses, social and community activism, with broader institutions and norms presents political and social challenges when thinking about the sorts of intimacy that should be recognised by the state. The civil right to marriage, irrespective of the sex or gender of one's partner, reflects a crucial shift towards important democratic participation of non-heterosexual citizens. However, it is important to note that the value of such intimacy cannot be indexed against a single measure of legal reform. While Butler and Warner present considered indictments on the normalisation of queer intimacy through marriage, such arguments do not account for the impacts of que(e)rying cultural norms and practices through social and political change. Marriage is not a singular or a-historical construction reducible to state recognition. Moreover, in a secular democracy, marriage should be one of many forms of diverse relationship recognition open to same-sex and gender diverse couples. In order to expand the impact of social and legal claims for recognition, it is productive to rethink the complex nature of recognition, ritual and aesthetics within marriage. In doing so, we can begin to transform the possibilities for articulating intimate citizenship in plural democracies. References Australian Christian Lobby. "Submission to the Senate Legal and Constitutional Affairs Legislation Committee Inquiry into the Marriage Equality Amendment Bill 2009." Deakin: ACL, 2009. Australian Government. "Sec. 5." Marriage Act of 1961 (Cth). 1961. ———. Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Reform) Act 2008 (Cth). 2008. Bell, David, and John Binnie. The Sexual Citizen: Queer Politics and Beyond. Oxford: Polity P, 2000. Berlant, Lauren. "Intimacy: A Special Issue." Critical Inquiry 24 (1998): 281-88. ———. "Love, a Queer Feeling." Homosexuality and Psychoanalysis. Eds. Tim Dean and Christopher Lane. Chicago: U of Chicago P, 2001:432-52. Berlant, Lauren, and Michael Warner. "Sex in Public." Ed. Lauren Berlant. Intimacy. Chicago and London: U of Chicago P, 2000: 311-30. Bower, Lisa. "Queer Problems/Straight Solutions: The Limits of a Politics of 'Official Recognition'" Playing with Fire: Queer Politics, Queer Theories. Ed. Shane Phelan. London and New York: Routledge, 1997: 267-91. Butler, Judith. Gender Trouble: Feminism and the Subversion of Identity. New York and London: Routledge, 1990. ———. Undoing Gender. New York: Routledge, 2004. Duttmann, Alexander. Between Cultures: Tensions in the Struggle for Recognition. London: Verso, 2000. Foucault, Michel. The History of Sexuality (1): The Will to Knowledge. London: Penguin Books, 1977. ———. "Sex, Power and the Politics of Identity." Ethics: Subjectivity and Truth. Ed. Paul Rabinow. London: Allen Lange/Penguin, 1984. 163-74. ———. Essential Works of Foucault: 1954-1984: Ethics, Vol. 1. London: Penguin, 2000. Graycar, Reg, and Jenni Millbank. "From Functional Families to Spinster Sisters: Australia's Distinctive Path to Relationship Recognition." Journal of Law and Policy 24. 2007: 1-44. Gregg, Melissa. "Normal Homes." M/C Journal 10.4 (2007). 27 Aug. 2007 ‹http://journal.media-culture.org.au/0708/02-gregg.php›. Hannam, Jane. Feminism. London and New York: Pearson Education, 2007. Kaplan, Morris. "Intimacy and Equality: The Question of Lesbian and Gay Marriage." Playing with Fire: Queer Politics, Queer Theories. Ed. Shane Phelan. London and New York: Routledge, 1997: 201-30. "Legal Ceremonies for Same-Sex Couples." ABC Online 11 Nov. 2009. 13 Dec. 2011 ‹http://www.abc.net.au/news/stories/2009/11/11/2739661.htm›. McRobbie, Angela. The Aftermath of Feminism: Gender, Culture and Social Change. London and New York: Sage, 2008. Michael. "Why Marriage?" Letter to the Editor. Sydney Star Observer 1031 (20 July 2010): 2. Millbank, Jenni. "Recognition of Lesbian and Gay Families in Australian Law - Part One: Couples." Federal Law Review 34 (2008): 1-44. Perry v. Schwarzenegger. 3: 09 CV 02292. United States District Court for the Northern District of California. 2010. Povinelli, Elizabeth. Empire of Love: Toward a Theory of Intimacy, Genealogy and Carnality. Durham: Duke UP, 2006. Puar, Jasbir. Terrorist Assemblages: Homonationalism in Queer Times. Durham: Duke UP, 2007. Race, Kane. Pleasure Consuming Medicine: The Queer Politics of Drugs. Durham and London: Duke UP, 2009. Secomb, Linnell. Philosophy and Love. Edinburgh: Edinburgh UP, 2007. Shumway, David. Modern Love: Romance, Intimacy and the Marriage Crisis. New York: New York UP, 2003. Wade, Matt. "PM Joins Opposition against Gay Marriage as Cleric's Election Stalls." The Sydney Morning Herald 6 Aug. 2003. Warner, Michael. The Trouble with Normal: Sex, Politics and the Ethics of Queer Life. Cambridge: Harvard UP, 1999.

Dissertação de Mestrado em Direito apresentada à Faculdade de Direito
O presente estudo ocupa-se da tutela do direito à reserva da intimidade da vida privada no âmbito do Regulamento nº. 2016/679 do Parlamento Europeu e do Conselho, de 27 de abril de 2016, relativo à proteção das pessoas singulares no que diz respeito ao tratamento de dados pessoais e à livre circulação desses dados. Analisar o designado instrumento legislativo implica confrontar o direito à proteção dos dados enquanto direito de carácter pessoal e o significativo aumento dos fluxos transfronteiriços de dados pessoais, considerando o intercâmbio de dados entre entidades públicas, empresas e pessoas singulares; tudo no contexto da evolução informática, novas tecnologias, internet, globalização, economia capitalista e mercado interno da União Europeia. Neste sentido, a proteção da pessoa e o direito à proteção de dados tem uma direta relação com a proteção da privacidade ou com o direito à reserva sobre a intimidade da vida privada. Busca-se assim nas fontes tradicionais do direito civil o fundamento dogmático para a proteção destes valores ante a nova realidade tecnológica e as novas previsões normativas e as formas de ressarcimento dos danos causados à reserva da intimidade da vida privada. Para uma resposta a estas e a outras perguntas iremos analisar, em primeiro lugar, o enquadramento do Regulamento n.º 2016/679 no contexto histórico-legal de outros instrumentos legislativos da União Europeia e do próprio ordenamento jurídico português, particularmente no que diz respeito ao tratamento e proteção de dados pessoais.Em segundo lugar, caracterizaremos os direitos de personalidade, em geral e em especial, o que implicará considerar, por exemplo, o direito à reserva da intimidade sobre a vida privada, seu conteúdo, abrangência e demais questões relacionadas no contexto da privacidade a ser respeitada pelo responsável pelo tratamento.Por fim, ficará uma abordagem à responsabilidade civil e às respetivas consequências do inadimplemento das normas dispostas no Regulamento n.º 2016/679 da União Europeia, quer no campo do Regulamento ou nas formas indemnizatórias tradicionais do direito civil.
The present study deals with the protection of the right to privacy in the scope of Regulation no. No 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Analyzing the so-called legislative instrument involves confronting the right to data protection as a personal right and the significant increase in cross-border flows of personal data, taking into account the exchange of data between public entities, companies and people; all in the context of new technologies, the internet, globalization, the capitalist economy and the internal market of the European Union. In this sense, the protection of people and the right to data protection are directly related to the protection of privacy or the right to privacy. Thus, the traditional sources of civil law seek the dogmatic basis for the protection of these values in the face of the new technological reality and the new normative forecasts and the ways of reimbursing damages caused to the privacy of private life. In order to answer these and other questions, we will first examine the framework of Regulation No 2016/679 in the historical-legal context of other European Union legislative instruments and of the Portuguese legal system, in particular with regard to Processing and protection of personal data.Secondly, we will characterize personality rights, in general and in particular, which will imply considering, for example, the right to privacy in privacy, its content, scope and other related issues in the context of privacy to be respected By the controller.Finally, there will be an approach to civil liability and the consequences of non-compliance with the rules laid down in Regulation 2016/679 of the European Union, whether in the field of regulation or in traditional civil law compensation forms.