A Special Regard: The Court of Justice and the Fundamental Rights to Privacy and Data Protection

K. Irion, “A Special Regard: The Court of Justice and the Fundamental Rights to Privacy and Data Protection”, in Faber et al (eds.) Festschrift für Wolfhard Kohte (Baden-Baden: Nomos, 2016 Forthcoming)

Institute for Information Law Research Paper No. 2016-04

Amsterdam Law School Research Paper No. 2016-35

13 Pages Posted: 10 Sep 2016

Date Written: September 9, 2016

Abstract

The frequency with which the Court of Justice of the European Union (CJEU) rules on the interpretations of the rights to privacy and data protection in European Union (EU) law is constantly accelerating. The increasing case-load can certainly be attributed to the contemporary relevance of these issues in a data-driven society which leads to more cases being referred to the CJEU. However, contrary to earlier case-law, which had a rather limited effect, the recent CJEU decisions have gained prominence for their principle contribution to EU law. This contribution looks at how the fundamental rights to privacy and data protection are protected in the EU legal order. It primarily assesses the CJEU’s case-law’s trajectory in this field as well as the impact of its decision practice in EU law. Hereby I discuss whether the CJEU holds a particular regard for the rights to privacy and data protection since the Charter of Fundamental Rights of the EU (CFR) was accorded binding legal value in 2009.

Keywords: EU law, Charter of Fundamental Rights of the European Union, privacy, data protection, Court of Justice of the European Union

JEL Classification: K10

Suggested Citation

Irion, Kristina, A Special Regard: The Court of Justice and the Fundamental Rights to Privacy and Data Protection (September 9, 2016). K. Irion, “A Special Regard: The Court of Justice and the Fundamental Rights to Privacy and Data Protection”, in Faber et al (eds.) Festschrift für Wolfhard Kohte (Baden-Baden: Nomos, 2016 Forthcoming), Institute for Information Law Research Paper No. 2016-04, Amsterdam Law School Research Paper No. 2016-35, Available at SSRN: https://ssrn.com/abstract=2836910 or http://dx.doi.org/10.2139/ssrn.2836910

Kristina Irion (Contact Author)

University of Amsterdam ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

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