Protection of Personal Data According to European Law and Decisions of ECHR

Authors

  • Olha B. OLIYNYK University of Economics and Law "KROK" https://orcid.org/0000-0003-4413-1582
  • Aliona S. ROMANOVA Lviv Polytechnic National University
  • Ihor M. KOVAL Lviv Polytechnic National University
  • Olena L. CHORNOBAI Lviv Polytechnic National University
  • Svitlana O. POLIARUSH-SAFRONENKO University of Economics and Law "KROK"

Keywords:

data protection, European Court of Human Rights, privacy, European Convention of Human Rights

Abstract

This article considers the question of legal basis of the data protection in the world while and exactly in the European continent. Special attention is paid to the question of personal data as a part of human rights and how the ECHR is dealing with protection of it. The author analyzed a list of different type of issues related to the question of personal data and how they are protected under the Article 8 of the European Convention on Human Rights. Also, it was researched question what does “personal data” means under the legal understanding according to the European law. The main question, which author raised, is there any legal bases of protection of data and which new mechanism we can use with so fast development of information technologies. All these questions lead to the idea that there is no unique and universal way to protect personal data in the world, what we all need because of the high level of cyberterrorism. We should find solution which will regulate the acceptance to data and how to protect it on the international level by public and private international law. In conclusion, we proposed some measures that may improve institute of personal data protection in general.

References

CHASSANG, G. The impact of the EU general data protection regulation on scientific research [Online]. 2017 [viewed 14 March 2022]. Available from: https://ecancer.org/en/journal/article/709-the-impact-of-the-eu-general-data-protection-regulation-on-scientific-research#:~:text=According%20to%20this%20techno%2Dlegal,by%20the%20processing%2C%20the%20controller

DE LA TORRE, L. What is “Convention 108” [Online]. 2019 [viewed 17 January 2022]. Available from: https://medium.com/golden-data/what-is-coe-108-3708915e9846

EUROPEAN COURT OF HUMAN RIGHTS. Case of Barbulescu v. Romania No. 61496/08 [Online]. 2017 [viewed 18 March 2022]. Available from: https://hudoc.echr.coe.int/spa#{%22itemid%22:[%22001-177082%22]}

EUROPEAN COURT OF HUMAN RIGHTS. Case of Gaughran v. the United Kingdom No. 45245/15 [Online]. 2020 [viewed 8 February 2022]. Available from: https://hudoc.echr.coe.int/spa#{%22itemid%22:[%22001-200817%22]}

EUROPEAN COURT OF HUMAN RIGHTS. Case of R.E. v. the United Kingdom No. 62498/11 [Online]. 2015 [viewed 28 January 2022]. Available from: https://www.statewatch.org/media/documents/news/2015/oct/ecxhr-judgment-full-text-R-E--v-UK-covert-surveillance-of-detainees'-consultations.pdf

EUROPEAN COURT OF HUMAN RIGHTS. Case of Rotaru v. Romania No. 28341/95 [Online]. 2000 [viewed 17 March 2022]. Available from: http://www.hraction.org/wp-content/uploads/Rotaru_protiv_Rumunije.pdf

EUROPEAN COURT OF HUMAN RIGHTS. Case of S. and Marper v. the United Kingdom No. 30562/04 and 30566/04 [Online]. 2008 [viewed 11 March 2022]. Available from: https://rm.coe.int/168067d216

EUROPEAN COURT OF HUMAN RIGHTS. Case of Turek v. Slovakia No. 57986/00 [Online]. 2006 [viewed 11 March 2022]. Available from: http://melaproject.org/sites/default/files/2019-01/ECtHR%2C%20Turek%20v.%20Slovakia%20%28Appl.%20No.%2057986%3A00%29%2C%20Judgment%2C%2014%20February%202006.pdf

EUROPEAN COURT OF HUMAN RIGHTS. Case of Z. v. Finland No. 22009/93 [Online]. 1997 [viewed 21 March 2022]. Available from: https://www.staff.uni-mainz.de/kebert/Entscheidungen/EGMR%20Z%20v%20Finland.pdf

EUROPEAN COURT OF HUMAN RIGHTS. Guide of the European Convention on Human Rights [Online]. 2018 [viewed 5 February 2022]. Available from: https://rm.coe.int/guide-on-article-8-of-the-european-convention-on-human-rights/16808e67cb

EUROPEAN PARLIAMENT. The General Data Protection Regulation [Online]. 2016 [viewed 3 February 2022]. Available from: https://gdpr-info.eu/

EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS AND COUNCIL OF EUROPE. Handbook on European data protection law [Online]. 2018 [viewed 6 March 2022]. Available from: https://www.echr.coe.int/documents/handbook_data_protection_eng.pdf

GONZALEZ FUSTER, G. The emergence of personal data protection as a fundamental right of the EU. Cham: Springer, 2016.

KOMKOVA, G. N., BASOVA A. V., and TOROSYAN R. A. Constitutional protection of public figures’ personal data on the Internet. Journal of Siberian Federal University. Humanities & Social Science, 2020, vol. 13, n. 1, pp. 68-75.

LEVCHENKO, I., and BRITCHENKO, I. Estimation of state financial support for non-priority territorial units using the example of bridge construction. Eastern-European Journal of Enterprise Technologies, 2021, vol. 1, pp. 26-34. https://doi.org/10.15587/1729-4061.2021.225524

NARDELL, Q.C.G. Levelling up: data privacy and the European Court of Human Rights. In: GUTWIRTH, S. POULLET, Y., and

DE HERT, P. Data Protection in a Profiled World. Dordrecht: Springer, 2010, pp. 43-52.

OGANESIAN, T. D. The right to privacy and data protection in the information age. Journal of Siberian Federal University. Humanities & Social Science, 2020, vol. 13, n. 10, pp. 1576-1588.

OSIEJEWICZ, J., ZHERLITSYN, D.M., ZADOROZHNA, S.M. OLEKSII V. TAVOLZHANSKYI and MARYNA O. DEI. National Regulation on Processing Data for Scientific Research Purposes and Biobanking Activities: Reflections on the Experience in Austria. Asian Bioethics Review, 2022, https://doi.org/10.1007/s41649-022-00231-4

VODOLASKOVA, K. European common aviation area: aviation liberalisation and Ukraine’s accession process. Journal of International Legal Communication, 2021, vol. 1, n. 1, pp. 149-163. https://doi.org/10.32612/uw.27201643.2021.1.pp.149-163.

Downloads

Published

2023-06-13

How to Cite

OLIYNYK, O. B., ROMANOVA, A. S. ., KOVAL, I. M. ., CHORNOBAI, O. L. ., & POLIARUSH-SAFRONENKO, S. O. . (2023). Protection of Personal Data According to European Law and Decisions of ECHR. Revista Jurídica Portucalense, 234–249. Retrieved from https://revistas.rcaap.pt/juridica/article/view/28128

Issue

Revista Jurídica Portucalense nº 33 (2023)

Section

SCIENTIFIC RESEARCH

License

Copyright (c) 2023 Revista Jurídica Portucalense

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Authors who published in the journal agree to the following terms:

 

  1. The Authors retain copyright and grant the Journal right of first publication with the work simultaneously licensed under the Creative Commons Attribution License which allows the sharing of work with recognition of its initial publication in this journal.
  2. Authors are able to take on additional contracts separately, non-exclusive distribution of the version of the paper published in this journal (ex .: publish in an institutional repository or as a chapter in a book), with an acknowledgement of its initial publication in this journal.
  3. Authors are permitted and encouraged to post and distribute their work online (eg .: in institutional repositories or on their website) at any point before or during the submission process, as it can lead to productive exchanges, as well as increase the impact and the citation of published work (See The Effect of Open Access). 
     

RJP does not apply submission, publication or any other fees of any nature. Its articles are open access, with the goal of disseminating scientific knowledge and the debate of legal topics in the area of ​​Legal Sciences.