ro fr
universul juridic magazin
Revista Română de Drept Privat

The right to protection of personal data, an autonomous right?

Literally, personal data concerns the information on a person. Thus understood, the field of this study could be unlimited. But our approach is based on the idea of understanding how the positive law protects in a specific way the right of personal data by the technique of the personality rights. In fact, through their multiple aspects of personal data, they may represent the object of several qualifications but the rightful qualification of the personality is required for their protection. Is it possible for all personal data not to form its identity? And the right on his own identity is not incidental to the capacity of the human person and therefore does it belong to any individual by the very fact that he is as human being? But moreover, in relation to the personality rights, the right to observe personal data can not be totally confused with the right to privacy, although the case law of the European Court of Human Rights addresses this right from the perspective of the right to privacy in the light (perhaps too) generous of art. 8 of the Convention of fundamental human rights. However, the Charter of Fundamental Rights of the European Union of March 2010 enounces the protection of personal data as a fundamental right (art. 8), separately from the observance of privacy (art. 7). Even if it is not consecrated in an autonomous manner - as our Civil Code deals only with the processing of personal data and the Law. 677/2001 referring to the protection of individuals with regard to the processing of personal data and on the free movement of such data - the identity and privacy are distinguished primarily by protected values: while privacy requires secrecy and freedom, identity does not necessarily imply a secret and in any case the persons have a much more relative disposition to it. Then its autonomy among these values results also from the fact that the personal data benefit from specific civil, administrative and criminal proceedings. Without claiming completeness, our study is intended as a plea for recognition of the right to personal data as an autonomous right, thus developing the legal framework - in terms of the domestic law and European law -, the legal classification of personal data, concept and definition, principles and sanctions.