On Boundaries Finding the Essence of the Right to the Protection of Personal Data
Citation:
On Boundaries Finding the Essence of the Right to the Protection of Personal Data, Ronald Leenes, Rosamunde van Brakel, Serge Gutwirth, Paul De Hert, Data Protection and Privacy. The Internet of Bodies, Hart Publishing, 2018, 277 - 312, Maria Grazia PorceddaDownload Item:
Abstract:
In this contribution, I identify the essence of the right to the protection of
personal data as understood in EU law. The essence is a fundamental step in defining the
permissible limitations of the right; it works as a theoretical border, the trespassing of which
leads to the automatic violation of the right. I claim that, in order to find the essence, it is first
of all necessary to trace the contours of the right to the protection of personal data. In its case
law on the protection of personal, the CJEU has hitherto followed a susbstantive approach to
the essence of Article 8 of the Charter withouth, however, providing indications on how it
reached its conclusions. I therefore supplement the scant case law of the CJEU with work on
indicators developed by the OHCHR, which provides a method for identifying attributes of
rights from which I distil the essence. While the final definition of the essence largely depends
on the findings of the CJEU, nevertheless this does not imply that discussing the essence is
taboo. This is because defining, even if temporarily, the content of the essence and related
attributes has relevance beyond the courtroom. The proposed attributes and essence can help
in gaining granularity when analysing the intrusiveness of technologies on the right to the
protection of personal data (and other rights), and support data protection by design approaches.
Sponsor
Grant Number
Engineering and Physical Sciences Research Council (EPSRC)
EP/M020576/1
Author's Homepage:
http://people.tcd.ie/mariagrpDescription:
PUBLISHED
Author: Porcedda, Maria
Other Titles:
Data Protection and Privacy. The Internet of BodiesPublisher:
Hart PublishingType of material:
Book ChapterCollections
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Full text availableSubject (TCD):
Digital Humanities , Identities in Transformation , Telecommunications , Data Protection Law , European law , Governance, Human Rights, European Union Law , IT lawISSN:
9781509926206Metadata
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