Courts, Privacy and Data Protection in the Digital Environment
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Courts, Privacy and Data Protection in the Digital Environment

Edited by Maja Brkan and Evangelia Psychogiopoulou

Through critical analysis of case law in European and national courts, this book reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances – namely, what can I do if my data privacy rights are breached?
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Chapter 3: The European Court of Human Rights, privacy and data protection in the digital era

Evangelia Psychogiopoulou

Abstract

This chapter explores the jurisprudence of the European Court of Human Rights (ECtHR) on privacy and personal data protection. The chapter starts with an examination of Article 8 of the European Convention on Human Rights (ECHR) on the right to respect for private and family life, home and correspondence and the obligations deriving from it for states party to the ECHR. It then probes the ECtHR’s jurisprudence, examining in particular the balancing exercise of the right to respect for private life with the often competing right to freedom of expression. This continues with an investigation of the ways in which the ECtHR assesses interference with the right to respect for private life in the pursuit of legitimate aims set out by the ECHR, such as national security, the prevention of disorder or crime, and so on. The chapter also explores whether or not litigation in the ECtHR is tactical. Keywords: European Court of Human Rights, right to respect for private life, personal data, freedom of expression, user-generated content, surveillance.

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