The right to secrecy and the cone theory
Abstract
The following study contains a general theory of the right to secrecy, used to determine the specific weight of every secret, in order to make a proper weighting of rights. The theory explains the relationships between the various types of secrets, using and developing García Morente’s cone theory. This is an adequate tool to use when taking decisions on whether or not there is right to secrecy and the extent of it. The inductive methodology is used. The analysis is structured as follows: (i) the general theory of the right to secrecy is being recapitulated; (ii) different classifications of different kinds of secrets are made to be compared; (iii) cone theory is explained, which classifies all the secrets according to their intensity; and (iv) practical conclusions of the cone theory are showed, which serve as rules of interpretation to resolve whether or not there is right to secrecy, and what is its specific weight.
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