PROTECTIA VIETII PRIVATE IN ERA SUPRAVEGHERII DIGITALE: PROVOCARI SI GARANTII JURIDICE IN CONTEXT EUROPEAN
PRIVACY PROTECTION IN THE ERA OF DIGITAL SURVEILLANCE: CHALLENGES AND LEGAL GUARANTEES IN A EUROPEAN CONTEXT
Author(s): Ana Lavinia LivadariuSubject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Universul Juridic
Keywords: privacy; digital surveillance human rights;
Summary/Abstract: The protection of privacy is one of the essential fundamental rights of the individual, benefiting from a broad enshrinement in European and international legal instruments on human rights. The accelerated development of digital technologies and the expansion of electronic surveillance mechanisms have profoundly transformed the way in which personal data are collected, stored and processed, generating new challenges for the effective exercise of this right. The use of communication monitoring systems, facial recognition technologies, smart devices and digital platforms raises complex issues regarding the limits of interference by public authorities and private operators in the private life of the individual. This article aims to analyze the protection of privacy in the context of digital surveillance from the perspective of European law, having as points of reference the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union and Regulation (EU) 2016/679 on the protection of personal data (GDPR). The research is based on the analysis of European legislation, the specialized doctrine and the relevant case law of the European Court of Human Rights and the Court of Justice of the European Union, in order to identify the main legal guarantees intended to protect privacy in the digital age. The analysis highlights the fact that digital surveillance can represent a legitimate instrument for protecting national security, preventing crime and defending the public interest, but its use must respect the principles of legality, necessity and proportionality. In the absence of adequate procedural guarantees, independent control and effective accountability mechanisms, excessive surveillance can lead to the violation of fundamental rights and the diminution of citizens' trust in state institutions. The article concludes that the protection of privacy in the era of digital surveillance requires a permanent balance between the legitimate interests of the state and the respect for the fundamental rights of the individual. Strengthening the European legal framework, the continuous adaptation of regulations to technological evolution and the effective application of standards developed by European courts are essential conditions for guaranteeing a high level of privacy protection in a digitalized society.
Journal: Universul Juridic
- Issue Year: 2026
- Issue No: 08
- Page Range: 233-244
- Page Count: 12
- Language: Romanian
