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The Right to the Protection of Personal Data in Article 8 of the Charter of Fundamental Rights of the European Union
Mádr, Petr ; Král, Richard (advisor) ; Zemánek, Jiří (referee)
This thesis deals with the fundamental right to the protection of personal data as enshrined in Article 8 of the Charter of Fundamental Rights of the European Union ('the Charter'). An analysis of the case law of the Court of Justice of the European Union (CJEU) on Article 8 of the Charter reveals an intriguing paradox: although this provision has been repeatedly invoked in order to enhance protection of personal data and has featured prominently in several far-reaching judgments (Digital Rights Ireland, Google Spain or Schrems), there is considerable uncertainty as to the substantive scope of the right to the protection of personal data. The relationship between the right to privacy and the right to data protection has proved difficult to untangle, and the autonomous nature of Article 8 of the Charter has not always been respected. The aim of the thesis is to analyse the purpose and content of this fundamental right with reference to the CJEU's case law and recent academic debate. This thesis is divided into four chapters. Chapter 1 provides an overview of the European legal framework for data protection and demonstrates the limited value of the 'Explanations relating to the Charter' in interpreting Article 8. Chapter 2 analyses the CJEU's approach to interpreting and applying Article 8, while Chapter 3 is...
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The impact of CJEU case law on the interpretation of the fundamental rights to privacy and data protection
Filipová, Paula ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
in English This thesis deals with the right to personal data protection as enshrined in Article 8 of the EU Charter of Fundamental Rights (the Charter) and its relationship with Article 7 Charter, the right to respect for private and family life. Since both of the rights have immediate relevance for EU data protection, their coexistence in the Charter necessitates an explanation as to their relationship, interaction and the merit of adding an independent right to personal data protection. However, such explanation is difficult to trace. International human rights instruments have traditionally safeguarded the protection of personal data by the right to privacy. The common constitutional traditions of the Member States differ significantly in the enactment of data protection and the EU legislation in force is likewise treating data protection as a privacy subset. The thesis firstly attempts to assess whether the right to personal data protection is capable of autonomous standing, detached from the privacy right and secondly, whether the CJEU allows the right to personal data protection to stand as an autonomous right in reality. To deal with the first research task, the paper analyses the doctrinal sources discussing the personal data-privacy concepts and seeks to identify the value of Article's 8...
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The Right to the Protection of Personal Data in Article 8 of the Charter of Fundamental Rights of the European Union
Mádr, Petr ; Král, Richard (advisor) ; Zemánek, Jiří (referee)
This thesis deals with the fundamental right to the protection of personal data as enshrined in Article 8 of the Charter of Fundamental Rights of the European Union ('the Charter'). An analysis of the case law of the Court of Justice of the European Union (CJEU) on Article 8 of the Charter reveals an intriguing paradox: although this provision has been repeatedly invoked in order to enhance protection of personal data and has featured prominently in several far-reaching judgments (Digital Rights Ireland, Google Spain or Schrems), there is considerable uncertainty as to the substantive scope of the right to the protection of personal data. The relationship between the right to privacy and the right to data protection has proved difficult to untangle, and the autonomous nature of Article 8 of the Charter has not always been respected. The aim of the thesis is to analyse the purpose and content of this fundamental right with reference to the CJEU's case law and recent academic debate. This thesis is divided into four chapters. Chapter 1 provides an overview of the European legal framework for data protection and demonstrates the limited value of the 'Explanations relating to the Charter' in interpreting Article 8. Chapter 2 analyses the CJEU's approach to interpreting and applying Article 8, while Chapter 3 is...
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