Private Life and Data Protection
摘要
Nowadays, more than ever, in this digitized era when there are so many modern-day challenges brought by the pace of technological developments (e.g., the webs 2.0 and 3.0: the social networks and Internet of Things), it is paramount that individuals benefit of the right to protection of their personal data. Experts estimate that, worldwide, every day about 2.5 quintillion (million trillion) bytes of data are created, obtained from travelling, applying for a job, paying the bills, buying something—so by the simple fact of living! Data protection means safeguarding sensitive information from data loss and corruption, which is not an easy task. Safeguarding data means protection, security, and privacy. And data protection has to adapt to the modern means of communications (including through the Internet which is very accessible and has the capacity to store and to communicate vast amounts of information), to changes in communications behavior, including when it is possible mass surveillance of communications. International, regional and national legislators are concerned to safeguarding data protection, reason for which many legal instruments were adopted and many courts of law are entrusted to rule on different cases involving the protection of personal data. However, although fundamental, this individual right is not an autonomous right among certain sources of law—for instance, in the European Convention on Human Rights adopted within the Council of Europe, this right is comprised in Article 8 which guarantees the right to respect for private and family life, home, and correspondence. The main aims of this study are to raise awareness and improve knowledge of the relationship between the private life protection and data protection according to the Strasbourg case-law based on the European Convention on Human Rights, as well as to contribute to strengthening data protection at the European level, especially for non-specialist legal practitioners.