ABSTRACT
The dream of invisibility is as old as man himself. From Antiquity to the present day, the invisibility has fed myths, literature, philosophy, and, of course, the art of war. After the Greek mythology and HG Wells novel, The Invisible Man, the digital age has turned the invisibility to a very serious debate, which leads to a first attempt to define its legal implications in private international law, as well as in internet law.
If we define the invisibility as the quality of a person whose existence, presence or action cannot be perceived by others, the following question has to be asked: shall we grant a right to be invisible to all citizens?
In spite of the political and legal complexity of such a question, a deep analysis leads to the conclusion that the invisibility cannot be looked upon as a fundamental right, nor can it be subjected to a general prohibition. The digital invisibility is just a fact, neutral and open for any use. It is not in itself a right. As a consequence, it must be conceived as an attribute of an existing right, and its use shall be governed by the applicable law which rules the right in question. For so, its legal status can emerge from the protection of domicile, the professional secrecy, the freedom of contract, the freedom of academic research.
Viangalli, François, The Invisible Man in the Digital Age: From Myth to Reality (July 19, 2022).
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