Safeguarding Privacy by Regulating the Processing of Personal Data – An EU Illusion?
The European Charter of Fundamental Rights regulates the rights to privacy and to data protection as two separate rights. The substantive separation between the two rights is, however, not very clear. Often, the scholarship, court decisions and even legal documents adopted in the European Union use the two legal terms in combination or interchangeably. As a result, an illusion is created that all that is done in the EU for the protection of the right to data protection automatically also addresses the right to privacy. This illusion can potentially affect any initiatives taken by Member States to positively regulate the right to privacy in the future. The article looks at the differences between the two rights and assesses whether the main data protection legislation in the EU, the General Data Protection Regulation, also safeguards the right to privacy.
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