Users’ rights in regards to their privacy and personal data
In the previous blogs, E-Crime Expert presented to its readers the technical features of the Internet, Social Networking Services, applications, mobile devices, in order to help the user identify the privacy risks in regards to these new technologies. Furthermore, the social implications, history and development of these new technological development were also provided. The goal of this blog and posts it is to help users protect their privacy and personal data. Along with better protection that can be achieved by knowing the risks, technical features, social impact and popularity, another important way to protect privacy and personal data it is to enforce the legal rights.
For this reason, E-Crime Expert brings a new series that presents the European legal framework in regards to privacy and personal data in order to make its readers aware of their legal rights and better protect those legal rights.
Current EU regulatory framework concerning private information and personal data
- Charter of Fundamental Rights of the European Union
- Directive 95/46/EC
- Directive 2002/58
- Directive 2006/24/EC
- Directive 2009/136/EC
1. Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union hereafter CFR is part of the Lisbon Treaty.
The CFR unifies under a single document, rights enclosed under different EU laws, and International Conventions. “The scope of this Charter is to provide legal certainty for EU citizens by making fundamental right clearer and more visible”.
Under Chapter II: Freedoms, the right to protection of personal data is granted for the first time separately, autonomous from other rights or freedoms such as privacy, or privacy of correspondence (mail).
“Article 8: Protection of personal data
1. Everyone has the right to the protection of personal data concerning him or her.
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.
3. Compliance with these rules shall be subject to control by an independent authority”.
As this Article reads, data protection means the right of a person to know which data were gathered in regards to her person, how the data are used, aggregated, protected, and where the data are transmitted. Every person also has the right to have access to her own data and to modify the data. Data protection values are not essentially privacy related ones as they are separately addressed under Article 7 (privacy) and respectively under Article 8 (data protection) of the Charter of Fundamental Rights of the European Union. Both privacy and data protection are two distinctive fundamental rights.
The granted rights of the CFR are underlined in its Article 52 (2):
Nonetheless, the CFR does not come in the form of the legislative power of a Directive which should be implemented by each MS until the ought effect or equivalent is reached, but MS should carefully consider this Charter when they implement EU Law or take National Court Decisions. This Charter represents the foundation for the regulatory provisions discussed in the next posts, in order to protect the fundamental rights and freedoms of natural persons with regards to storage, processing, access, manipulation of their personal data.
Here it is a list with the worldwide Data Protection Authorities contact details: click here.
Stay tuned for the next post that will present the Directive 95/46 (aka Data Protection Directive).
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Did you know about the Charter of fundamental rights of EU?
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