Regulatory approaches to the Right to Privacy and the Protection of Personal Data in Europe

This presentation focuses on the regulation of a right to privacy and personal data protection. It starts off with privacy as a fundamental right enshrined in international and European Human Rights regimes and focuses specifically on the integration of personal data protection therein. It will show how both individual legitimate expectation and human dignity has found their influences in the creation of a right to personal data protection. Additionally, this presentation will demonstrate how the fundamental right's logic of ‘scope and legitimate interferences’ has found its way into the sphere of personal data processing by private actors. Up to the point where private data processing actors are obliged to conduct a significant part of fundamental right interference and balancings tests as part of their daily data processing practices. Can the same logic be induced for the regulation of expression and speech?