Friday, October 12, 2018

The right to privacy and right to personal data and their connection to the Gonzales case

In a recent article (visible at https://ssrn.com/abstract=3235087), I explored the right to privacy and the right to personal data and their connection to the Gonzales case of the EU. 
Protection of the right to privacy concerning publications has a centenary history in Europe at both the national and supranational levels. 
However, protections of personal data about digital processing are different. Few national constitutions or international instruments recognize the right to protection of personal data, and even fewer jurisdictional remedies are associated with it. There are some significant exceptions, for example, the EU Data Protection Directive and Article 8 of the EU Charter of Fundamental Rights. 
In my article, I explored these two approaches of protection followed by an exam of their articulation in the reasoning of the European Union Court of Justice on the famous Gonzales case-a decision implementing a “right to be forgotten on Internet” as a right of de-listing a link from a search engine provider.