The Essence of the Right to the Protection of Personal Data: Essence as a Normative Pivot

Abstract

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