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Problems of Privacy and Personal Data Protection in EU Law
Novák, Daniel ; Svoboda, Pavel (referee) ; Scheu, Harald Christian (referee)
The concept of privacy - as a legal category - was expressed by S. D. Warren and L. D. Brandeis in his article "The Right to Privacy" published in the Harvard Law Review in 1890. We sometimes hear voices that privacy should not be a separate object of legal protection. It has been criticized that the definition of privacy is boundless, because many offences affect the privacy and they have no specific common denominator. However, the notion of privacy can be structured. The core of the text refers to the right of privacy within the meaning of information, namely within the European Union. The Convention for the Protection of Human Rights and Fundamental Freedoms will increase its importance in EU law after the Lisbon revision. Under Article 6, paragraphs 2 and 3 of the Treaty on European Union as amended by the Lisbon Treaty, the Union shall accede to this Convention. The Court of Justice of the European Union recognizes judicial opinions of the European Court of Human Rights, which has been interpreting the right to privacy broadly. The Court of Justice of the European Union enshrined the protection of privacy in the general principles of EU law and it creates its own case law on this issue. Art. 6, paragraph 1 TEU, as amended by the Lisbon Treaty states that the Union recognizes the rights, freedoms and...
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