The Essence of the Right to the Protection of Personal Data: Essence as a Normative Pivot
16 Pages Posted: 9 Aug 2021 Last revised: 4 Jan 2022
Date Written: July 21, 2021
The concept of the essence of the Article 8 right to the protection of personal data has garnered much attention over the past few years. Yet, there remains a considerable lack of clarity in relation to the concept in current law and jurisprudence. There is a lack of clarity, for example, in relation to the current function of the concept of essence in the legal scheme of Article 8 as well as in relation to whether the concept of essence has a functionally distinct role in this scheme at all. This article endeavours to address this uncertainty. In this regard, the article: i) offers a novel methodology for the identification of a cogent, functionally distinct, description of the concept of essence as it is currently used in law in relation to Article 8; and ii) proposes, and defends, such a description: the concept of essence as a normative pivot.
Keywords: Essence, Core, Fundamental Rights, Data Protection
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