Volume 2 issue 2 December 2014
Fighting For Your Right to What Exactly? The Convoluted Case Law of the EU Court of Justice on Privacy and/or Personal Data ProtectionGloria González Fuster
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The European Union (EU) is actively involved in promoting personal data processing practices for security purposes. It is also responsible for delineating the legal regime safeguarding individuals against such data processing. Two rights collide: the right to privacy and the right to personal data protection. Both are recognised as distinct in the Charter of Fundamental Rights of the EU. The Court of Justice of the EU, the highest interpreter of EU law, however, seems peculiarly confused as to how the two rights relate, whether they should be relied on separately, and how each of them can be lawfully restricted. This article looks into the most recent case law highlighting inconsistencies in this regard. It explores how the Luxembourg Court’s tortuous reasoning can have negative implications for individuals. Ultimately, it argues that the persistent tendency to adjudicate on the basis of privacy ‘and/or’ personal data protection alters the protection deserved under each of them.
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