The right to the protection of personal data has been enshrined for 20 years at the highest level of a whole legal framework, but little is still known about the right’s scope. Mainly because this right remains a unilateral strategy of the EU, but also because the EU itself seems to struggle to provide concise meaning to the self-standing right it has created. Until recently, many studies still either conflated the protection of personal data with privacy or equaled to the procedural framework established by the secondary law. My paper aims to renew the discussion. It would analyze and compare the approaches of the Court of Justice of the EU and the European Court of Human Rights, analyze the academic scholarship, and also speak about the significance of no hinge of the right under Articles 8 CFREU and 16 TFEU to a notion of harm. This latter feature could help promote the acceptance of the right to data protection in other jurisdictions.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S