A right to privacy as a fundamental human right in correlation with data protection
Keywords:
right to privacy, human rights, data protection, security, legal treatiesAbstract
This paper presents a general overview of the rights to privacy as a fundamental human right in the correlation with data protection. The paper aims to illustrate how rights of privacy are developed after the Second World War and the data protection regulation after the case of Snowdan. It clarifies the difference between the right to privacy and data protection in the lights of the General Data Protection Regulation, which entered into force on May 25th, 2018. The paper outlines data protection terminology, people’s rights and how these rights are enforced through international legal treaties. During the research the author used a comparative method to find the similarity and differencies between the privacy rights and personal data protection focusing on the rich jurisprudence of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). In the paper it is concluded that the right of privacy and the right of personal data protection are closely linked, but they should not be considered to be identical.
References
[2] UN General Assembly, (1948). Universal Declaration of Human Rights, 10 December 1948, 217 A, article 12.
[3] Council of Europe, (1950). European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14, 4 November 1950, ETS 5, article 8.
[4] European Union, (2012). Charter of Fundamental Rights of the European Union, 26 October 2012, 2012/C 326/02, article 7.
[5] UN General Assembly, (1966). International Covenant on Civil and Political Rights, 16 December 1966, article 17.
[6] Organization of African Unity (OAU), (1990). African Charter on the Rights and Welfare of the Child, 11 July 1990, CAB/LEG/24.9/49 (1990), article 10.
[7] Organization of American States (OAS), (1969). American Convention on Human Rights, "Pact of San Jose", Costa Rica, 22 November 1969, article 11.
[8] European Union, (2012). Charter of Fundamental Rights of the European Union, 26 October 2012, 2012/C 326/02, article 7 and 8.
[9] League of Arab States, (1994). Arab Charter on Human Rights, 15 September 1994, article 21.
[10] – (2016). Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data the free movement of such data.
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[12] – (2018). Handbook on European data protection law. Luxembourg: Publications Office of the European Union.
[13] McDermott, Y. (2017). Conceptualizing the right to data protection in an era of Big Data. Big Data & Society.
[14] – (2017). Protection of individuals with regard to the processing of personal data,Directive 95/46/EC,Article 2(a), Concept of ‘personal data’, Written answers submitted by a candidate in a professional examination — Examiner’s comments with respect to those answers, Article 12(a) and (b), Extent of the data subject’s rights to access and rectification, Case C-434/16, CJEU, Nowak.
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