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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?


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