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Human Rights / Fundamental Rights

Human Rights / Fundamental Rights covers how privacy, data protection, AI, and emerging technologies affect legally protected rights and freedoms. The tag includes privacy, expression, equality, non-discrimination, due process, and human dignity, with particular attention to the EU Charter of Fundamental Rights, the ECHR, GDPR, EU AI Act, and legal frameworks requiring assessment or mitigation of risks to fundamental rights.

Constitutional Data Protection Law

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.

Schrems I: When EU Data Protection Crossed the Atlantic

Schrems I: When EU Data Protection Crossed the Atlantic

Schrems I invalidated the EU–U.S. Safe Harbor framework and established that protection abroad must be essentially equivalent to EU law. The CJEU also confirmed that adequacy decisions cannot prevent independent supervisory authorities from examining individual complaints.

Scarlet: Why Copyright Enforcement Cannot Require General Internet Surveillance

Scarlet: Why Copyright Enforcement Cannot Require General Internet Surveillance

Can copyright protection justify monitoring everyone’s internet traffic? In Scarlet, the CJEU drew the line at indiscriminate filtering, protecting privacy and the freedom to share lawful information.

ASNEF: When Member States Cannot Rewrite the Lawful Bases for Processing

ASNEF: When Member States Cannot Rewrite the Lawful Bases for Processing

ASNEF established that Member States cannot rewrite EU lawful bases for processing or predetermine the legitimate-interest balance. The CJEU held that legitimate interests require a case-specific assessment of necessity and the individual’s competing rights and freedoms.

Sorrell v. IMS: Because Nothing Says ‘Freedom of Speech’ Like Selling Your Prescription Records

Sorrell v. IMS: Because Nothing Says ‘Freedom of Speech’ Like Selling Your Prescription Records

Can the sale of prescription records be protected by the First Amendment? This analysis explores Sorrell v. IMS Health, one of the Supreme Court's most influential—and controversial—privacy and commercial speech decisions.