ACTUAL PROBLEMS OF LEGAL REGULATION OF PRIVACY AND PERSONAL DATA PROTECTION IN EUROPEAN LAW
DOI:
https://doi.org/10.52026/2788-5291_2022_71_4_174Keywords:
personal life; , personal data; , European law; , European Court of Human Rights; , human rights; , right to personal data protection; , right to privacy protection; , Court of the European Union.Abstract
In this study, the characteristics of legal regulation governing personal life protection and personal data protection in the European Union's legal system are examined, as well as some problematic issues in determining the correlation between rights established in European law. The authors define criteria for distinguishing between the concept of protecting personal life and the concept of protecting personal data in European law based on the activity of European courts. The article also provides practical examples of resolving controversial issues that arose in the activities of the European Court of Human Rights and the Court of Justice of the European Union, in the process of considering cases on the protection of human rights to protect the privacy and protect personal data. Based on their study, the authors present three specific differences between the human rights under consideration, pointing out that the protection of personal life is context-dependent and requires research into the content and use of personal data in each particular case, and that the practice of examining such cases indicates the development of autonomy. European Union law protects personal data. It is undeniable that the right to personal data protection was initially conceived as a positive obligation of states. According to the authors, the last distinctive characteristic of the rights under consideration is that the protection of personal data goes beyond the protection of human rights. In conclusion, a reasonable conclusion is made - given the certainly close connection between the right to protection of personal life and the right to protection of personal data, the rights in question should not be considered completely identical.