The Digital Footprint and Principles of Personality Protection in the European Union

Abstract

The concept of so called "Digital Footprint" represents a phenomenon of modern digital era. Natural persons who use digital services create, deliberately or unknowingly, a kind of digital imprint which contains sensitive personal information. Personal data can be relatively easily tracked by digital services providers and subsequently processed for commercial purposes, usually for targeted advertising, or misused for illegal purposes. Therefore, personal data shall be regarded as a potential threat to individual’s privacy. It shall be borne in mind that awareness about digital safety within society is still low - social websites encourage users to share sensitive personal data with undisclosed range of recipients, benevolent settings of internet browsers allows to track cookies or mere visiting websites enables specialised programs to create a comprehensive behavioural profile consisting of one’s private life, customs, social status or consuming preferences. Current trend in digital security legislation seeks for a balances solution between the right to privacy and commercial interests of personal data processors. The European legislation on personal data protection and respective case law has begun to constitute an integral part of consumer protection law.

Keywords: Digital Footprint, Personal Data, Processing, User Consent, Digital Services Providers