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Data Protection Law

Data Protection Law: A distinct legal right that originated in Europe in the 1970s as the “protection of individuals in the context of automated data processing.” It regulates how personal data is processed whether or not the information is private. In the EU, data protection and privacy are separate fundamental rights. Data protection laws now exist in many countries worldwide. The United States does not recognize an equivalent, as a distinct legal right separate from privacy.

What does “lawfulness, fairness and transparency” mean under the GDPR?

What do the GDPR's requirements of lawfulness, fairness, and transparency actually mean? This article explains the legal basis for processing, the obligation to treat individuals fairly, and the duty to be open and honest about how personal data is collected, used, and disclosed.

What is the Charter of Fundamental Rights of the European Union?

A concise guide to the EU Charter of Fundamental Rights—Europe's bill of rights—and why it transformed privacy law by recognizing data protection as a distinct fundamental right, foreshadowing today's digital rights framework and the GDPR.

Constitutional Data Protection Law

Data protection is a fundamental right in the European Union, distinct from the right to privacy. This article explores its constitutional foundations, tracing its development from national constitutions to the EU Charter of Fundamental Rights and the jurisprudence of the CJEU.