A Reflexion on the Conflict between the Right to Private Life versus the Right to Personal Data Protection
A Reflexion on the Conflict between the Right to Private Life versus the Right to Personal Data Protection
Author(s): Monika ForejtováSubject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Published by: Univerzita Palackého v Olomouci
Keywords: right to privacy; personal data protection; The European Court of Human Rights in Strasbourg; Court of Justice of the European Union in Strasbourg; approximation of laws;
Summary/Abstract: The article deals with the description of the legal solution of a particular conflict between the right to protection of privacy and the right to personal data protection, which came from the Czech Republic but has an impact on the entire European Union. The regulation from the Czech Republic at the level of the primary and secondary' EU law is stated for the purpose of an easier orientation in the issue. The solution, which complies both with the constitution and with the European Union law, with regard to the conflict of fundamental human rights lies both in finding the facts of the case and above all in assessing the extent of the protection by means of the test of proportionality. Both Nejvyšši soud CR (the Supreme Court of the Czech Republic) and the Court of Justice of EU contributed to solving this conflict of fundamental human rights.
Journal: European Studies - the Review of European Law, Economics and Politics
- Issue Year: 2/2015
- Issue No: 1
- Page Range: 70-83
- Page Count: 14
- Language: English