Privacy and Data Protection

The European Union ◽

Human Rights Law ◽

General Data Protection Regulation ◽

The Right To Privacy ◽

The Right Of Privacy ◽

This chapter covers privacy and data protection. This entails a series of legal requirements for development and design, for the default settings, and for the employment of computer architectures. In addition, the chapter defines the right to privacy as a subjective right, attributed by objective law, which may be national (constitutional) law, international human rights law, or supranational law (EU fundamental rights law). The chapter first confronts the landscape of human rights law at the global, national, and EU level. It then inquires into the right of privacy, as guaranteed under the ECHR and the Charter of Fundamental Rights of the European Union (CFREU), and finally provides an extensive analysis of the new fundamental right to data protection, as guaranteed by the CFREU and protected by the General Data Protection Regulation (GDPR).

Fundamental Rights and the Obligation to Publicly Disclose Information on Tax Strategy

Finanse i Prawo Finansowe ◽

10.18778/2391-6478.4.32.01 ◽

2021 ◽

pp. 7-20

Author(s):

Adam Szymacha

Keyword(s):

Human Rights ◽

Fundamental Rights ◽

Constitutional Court ◽

The European Union ◽

Academic World ◽

The Right To Privacy ◽

European Court ◽

Right Of Privacy ◽

The Right Of Privacy ◽

The aim of the article: The presented study concerns the problem of violations of fundamental rights caused by the law regulation contained in art. 27c of the Corporate Income Tax Act in Poland. This regulation provides obligation to publish information about introduced tax strategies. Yet, it may endanger many human rights and this article focuses on two of them – the right to remain silent, and the right of privacy. The aim of this article is to make an analysis of the standards presented by the Court of Justice of the European Union and the European Court of Human Rights. Additionally, the standard presented by the Polish Constitutional Court is presented. Methodology: To decode these standards the comparative law method is used. Especially the case laws of these courts are presented and additionally, they are completed by the comparison of the acts that concern similar law institutions but come from different lawmakers. Results of the research: The results of the study do not provide a clear answer. However, they do allow for an approximation of the issue of possible violations of fundamental rights by the analyzed regulation. It is very likely that the analyzed regulation violates the right to remain silent and it is even close to certainty that the analyzed laws violate the right to privacy. The problem is not only the interference in these rights, but in its character as well. Under certain circumstances, interference with fundamental rights is acceptable but must be proportionate. Examined laws are only explained in terms of budgetary balance and the academic world points out that the purpose of this type of regulation is mainly of administrative convenience. This is far too little to consider this interference with fundamental rights imperative.

Equality and Non-discrimination Law in the EU

The European Union and Human Rights ◽

10.1093/oso/9780198814177.003.0007 ◽

2021 ◽

pp. 387-462

Author(s):

Jan Wouters ◽

Michal Ovádek

Keyword(s):

Human Rights ◽

The European Union ◽

Human Rights Law ◽

Men And Women ◽

Treaty Of Rome ◽

International Human ◽

The Right ◽

The Eu

This chapter addresses equality and non-discrimination, which are explicitly acknowledged as foundational values in the EU context in Article 2 TEU. Similarly, the right to non-discrimination enjoys wide recognition in international human rights law. In the EU, non-discrimination had a specific role to play from the outset of European integration. Despite being founded without explicit reference to human rights, the original Treaty of Rome nonetheless prohibited discrimination on the basis of nationality (now Article 18 TFEU), as well as discrimination regarding pay between men and women (now Article 157 TFEU). Today, the scope of non-discrimination was enlarged, paving the way for Directives on racial equality and non-discrimination in the field of employment on the grounds of religion, disability, age, and sexual orientation. Moreover, the Court of Justice of the European Union (CJEU) identified the principle of equality as a general principle of EU law.

Beyond the Walls of Paper. Undocumented Migrants, the Border and Human Rights

European Journal of Migration and Law ◽

10.1163/15718166-00002043 ◽

2013 ◽

Vol 15 (4) ◽

pp. 413-446

Author(s):

Anna Błuś

Keyword(s):

Human Rights ◽

State Policies ◽

Undocumented Migrants ◽

The European Union ◽

Human Rights Law ◽

Irregular Migrants ◽

State Dependent ◽

The Right ◽

Migrant Activism

Abstract In the European Union alone, there are currently approximately 5.5 million migrants with an irregular immigration status. Despite its promise of universality, international human rights law does not protect migrants, particularly those in irregular situations, to the same extent as it protects citizens. This paper examines state policies towards irregular migration and approaches to issues faced by irregular migrants, from No Borders to solidarity, arguing that to effectively address these pressing concerns, it is necessary to look beyond the law and the concept of human rights and to challenge the notion of the border. Hannah Arendt’s nexus between rights and political membership expressed in the concept of the ‘right to have rights’ is considered in relation to today’s undocumented migrants. Different manifestations of migrant activism are also analysed, demonstrating that undocumented migrants have a voice and have been using it to contest the state-dependent notions of citizenship and membership.

The duty to work as precondition for human dignity: a Swiss perspective on work programmes

Welfare to Work in Contemporary European Welfare States ◽

10.1332/policypress/9781447340010.003.0005 ◽

2020 ◽

pp. 89-112

Author(s):

Melanie Studer ◽

Kurt Pärli

Keyword(s):

Human Rights ◽

Human Dignity ◽

Fundamental Rights ◽

Eligibility Criterion ◽

Human Rights Law ◽

International Human ◽

The Right ◽

Federal Supreme

In Switzerland, the participation in certain work programmes is an eligibility criterion to social assistance benefits and the constitutionally granted right to the financial means required for a decent standard of living. This chapter examines whether the implementation of these programmes is in accordance with fundamental rights and more precisely, whether they respect the normative framework elaborated in Chapter 4. As will be shown, the right to financial assistance when in need has close links to human dignity. Therefore, the evaluation of the mentioned work programmes against the human rights background leads to some critical conclusions on their compatibility with international human rights law in general and human dignity in particular. Especially, the authors argue that the Swiss Federal Supreme Court’s case law lacks a comprehensive approach for the evaluation of human rights infringements in this context.

Conceptualising the right to data protection in an era of Big Data

Big Data & Society ◽

10.1177/2053951716686994 ◽

2017 ◽

Vol 4 (1) ◽

pp. 205395171668699 ◽

Cited By ~ 16

Author(s):

Yvonne McDermott

Keyword(s):

Big Data ◽

Data Protection ◽

Legal Order ◽

Fundamental Rights ◽

New Right ◽

The European Union ◽

The Right To Privacy ◽

Charter Of Fundamental Rights ◽

The Right ◽

First Time

In 2009, with the enactment of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union entered into force. Under Article 8 of the Charter, for the first time, a stand-alone fundamental right to data protection was declared. The creation of this right, standing as a distinct right to the right to privacy, is undoubtedly significant, and it is unique to the European legal order, being absent from other international human rights instruments. This commentary examines the parameters of this new right to data protection, asking what are the principles underpinning the right. It argues that the right reflects some key values inherent in the European legal order, namely: privacy, transparency, autonomy and nondiscrimination. It also analyses some of the challenges in implementing this right in an era of ubiquitous veillance practices and Big Data.

Human Rights and Environmental Wrongs: Achieving Environmental Justice through Human Rights Law

International Journal for Crime Justice and Social Democracy ◽

10.5204/ijcjsd.v1i1.69 ◽

2012 ◽

Vol 1 (1) ◽

pp. 65-73 ◽

Cited By ~ 4

Author(s):

Bridget Lewis

Keyword(s):

Human Rights ◽

Environmental Governance ◽

Minority Groups ◽

Environmental Issues ◽

Environmental Problems ◽

Fundamental Rights ◽

Human Rights Law ◽

Environmental Injustice ◽

The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals’ and communities’ enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self-determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues can also impact on governments’ capacity to protect and fulfil the rights of their citizens. In this way human rights and environmental protection can be constructed as being mutually supportive. In addition to these links between the environment and human rights, human rights principles arguably offer a framework for identifying and addressing environmental injustice. The justice implications of environmental problems are well documented and there are many examples where pollution, deforestation or other degradation disproportionately impact upon poorer neighbourhoods or areas populated by minority groups. On the international level, environmental injustice exists between developed and developing States, as well as between present and future generations who will inherit the environmental problems we are creating today. This paper investigates the role of human rights principles, laws and mechanisms in addressing these instances of environmental injustice and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups which are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend weight to claims for more equitable environmental policies.

Sovereign Rights of the State and the Scope of their Implementation in the Context of Development of the International Human Rights Law

Journal of Advanced Research in Law and Economics ◽

10.14505//jarle.v11.1(47).20 ◽

2020 ◽

Vol 11 (1) ◽

pp. 164

Author(s):

Iryna PROTSENKO ◽

Кostiantyn SAVCHUK

Keyword(s):

Human Rights ◽

International Law ◽

The State ◽

Fundamental Rights ◽

Human Rights Law ◽

Adequate Treatment ◽

International Human ◽

In the contemporary science of international law, the state sovereignty issue lacks adequate treatment. In particular, the list and essence of sovereign rights and duties of the state are not defined, although these are referred to in some international legal instruments and resolutions of international courts and arbitrations. In addition, particular circumstances are being under development, which require if not precise outlining of the catalogue of fundamental rights of states, then at least determining the essence of some of these rights and the scope of their implementation. It goes about developing the practice to limit specific sovereign rights of the state to ensure the implementation of human rights (notably, the ones not directly related to the respective rights of the state). In this very way, the state is limited in its right to determine its own immigration policy. The fact is that the European Court of Human Rights (ECtHR) has ruled in some of its judgments that by implementing this right, the state violates the right to respect for private and family life provided for by the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (ECHR). This resulted in ECtHR`s practice to be somewhat considered in the draft articles on the expulsion of aliens elaborated by the International Law Commission (ILC) in 2014. The examples from ECtHR`s practice analyzed in this paper provide the basis for the conclusion that the development of the International Human Rights Law is gradually narrowing the scope of the internal sovereign rights of the state.

DECONSTRUCTING DATA PROTECTION: THE ‘ADDED-VALUE’ OF A RIGHT TO DATA PROTECTION IN THE EU LEGAL ORDER

International and Comparative Law Quarterly ◽

10.1017/s0020589314000244 ◽

2014 ◽

Vol 63 (3) ◽

pp. 569-597 ◽

Cited By ~ 25

Author(s):

Orla Lynskey

Keyword(s):

Data Protection ◽

Personal Data ◽

Fundamental Rights ◽

Added Value ◽

The European Union ◽

Right To Privacy ◽

The Right To Privacy ◽

Individual Personality ◽

The Right ◽

The Eu

AbstractArticle 8 of the EU Charter of Fundamental Rights sets out a right to data protection which sits alongside, and in addition to, the established right to privacy in the Charter. The Charter's inclusion of an independent right to data protection differentiates it from other international human rights documents which treat data protection as a subset of the right to privacy. Its introduction and its relationship with the established right to privacy merit an explanation. This paper explores the relationship between the rights to data protection and privacy. It demonstrates that, to date, the Court of Justice of the European Union (CJEU) has consistently conflated the two rights. However, based on a comparison between the scope of the two rights as well as the protection they offer to individuals whose personal data are processed, it claims that the two rights are distinct. It argues that the right to data protection provides individuals with more rights over more types of data than the right to privacy. It suggests that the enhanced control over personal data provided by the right to data protection serves two purposes: first, it proactively promotes individual personality rights which are threatened by personal data processing and, second, it reduces the power and information asymmetries between individuals and those who process their data. For these reasons, this paper suggests that there ought to be explicit judicial recognition of the distinction between the two rights.

AN UPDATE ON THE RIGHT TO BE FORGOTTEN AS A PRINCIPLE OF PERSONAL DATA PROTECTION IN EUROPEAN UNION

10.51738/kpolisa2021.18.1r.2.04 ◽

2021 ◽

pp. 99-109

Author(s):

MARIJANA MLADENOV ◽

JELENA STOJŠIĆ DABETIĆ

Keyword(s):

European Union ◽

Data Protection ◽

Personal Data ◽

The European Union ◽

Right To Privacy ◽

General Data Protection Regulation ◽

Personal Data Protection ◽

The Right To Privacy ◽

Right To Be Forgotten ◽

Should we consider the right to be forgotten as a threat to free speech or the mechanism of the right to privacy? This most controversial element of the right to privacy and personal data protection caused the global debate on privacy and freedom of speech. Despite the fact that the right to be forgotten is codified in Article 17 of the General Data Protection Regulation and that fundamental postulates of this right were defined in Google v. Spain, there still remain unresolved issues. In order to gain a clear idea of the content of the right to be forgotten, as the principle of data protection in accordance with the latest European perspective, the subject matter of the paper refers to analyses of the developments of this right in the light of relevant regulations, as well as of the jurisprudence of the Court of Justice of the European Union (CJEU). The article firstly provides an overview of the concept of the right to be forgotten, from the very early proposals that gave rise to it, to the latest ones contained in recent regulations. Furthermore, the special attention is devoted to the new standards of the concept of the right to be forgotten from the aspect of recent rulings of the CJEU, GC et al v. CNIL and CNIL v. Google. Within the concluding remarks, the authors highlight the need for theoretical innovation and an adequate legal framework of the right to be forgotten in order to fit this right within the sociotechnical legal culture. The goal of the article is to provide insight regarding the implementation of the right to be forgotten in the European Union and to identify the main challenges with respect to the issue.

6. Balancing rights—free speech and privacy

10.1093/actrade/9780198706168.003.0006 ◽

2015 ◽

Author(s):

Andrew Clapham

Keyword(s):

Human Rights ◽

Free Speech ◽

Freedom Of Expression ◽

Public Order ◽

Human Rights Law ◽

The Right To Privacy ◽

International Human ◽

‘Balancing rights—free speech and privacy’ considers the human rights that have built-in limitations. The thrust of international human rights law for these rights is that limitations to rights must be justified by reference to pre-existing accessible laws that allow for proportionate action necessary to achieve a legitimate aim such as national security, public order, or the rights of others. Human rights simultaneously claim to protect freedom of expression and the right to privacy, but how do you balance these rights and put them into practice? It all depends on the context and proportionality.