The Right to Privacy and Protection of Personal Data: Emerging Trends and Implications for Development in Jurisprudence of European Court of Human Rights

Abstract

The emergence of the right to personal data protection is usually considered in close proximity to the right to private life, however, the two rights despite the sufficient degree of similarity are not identical. The article analyses the main concepts and discussions around the protection of privacy and personal data protection, which primarily was only perceived as another facet of privacy, as well as provides a comprehensive overview of theoretical and practical problems associated with their protection. Provided for the right to data protection is not explicitly mentioned in the ECHR the main concern, therefore, is whether it receives an adequate level of protection within the Convention system. The article argues that given the lack of an explicit criterion for distinguishing the rights to privacy and data protection, it is the jurisprudence of the ECHR, which is of the utmost importance for the development of the right to personal data protection as a fundamental right. Due regard is given to the evolution of the fundamental approaches of the ECHR in this field. It is concluded that the effective enjoyment of the right to data protection, which is not specified in the text of the ECHR or its Protocols, undeniably relies on the ECHR’s interpretation of the key data protection standards enlisted in the Convention no. 108, as well as relevant EU legislation.