EU Protections of the Right to Privacy and Right to Personal Data and Their Connection to the Gonzales Case and Beyond
20 Pages Posted: 29 Aug 2018 Last revised: 24 May 2019
Date Written: August 20, 2018
Protections of the right to privacy in relation to publications have a relatively long history in Europe at both the national and supranational levels. The first part of the article explores the supranational level of these protections.
However, protections of personal data in relation to digital processing are different. Few national constitutions or international instruments recognise the right to protection of personal data, and even fewer jurisdictional remedies are associated with it. There are some significant exceptions, for example, the EU Data Protection Directive (more recently replaced by the EU General Data Protection Regulation) and Article 8 of the EU Charter of Fundamental Rights. The second part of the article briefly explores these protections, their inherent logic and the implementing mechanisms.
The third part of the article examines the articulation between these protections as reflected in the reasoning of the European Union Court of Justice on the famous Gonzales case. That decision implemented a “right to be forgotten on Internet”, in which the mechanisms of the EU Data Protection Directive (belonging to the protection of personal data) were used, through a finalist and progressive argumentation, to protect the right to privacy. Last but not least, the article considers that the new General Data Protection Regulation will have no real impact in relation to the precedent created by the Gonzales case.
Keywords: Right to Privacy, Personal Data Protection, Right to Be Forgotten on Internet, Data Protection Directive, EU Court of Justice, General Data Protection Regulation, Methods of Judge, Legal Comparison
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