Protection of Personal Data in the Context of Human Rights: Experience and Relevance of ECtHR Decisions

Abstract

The article aims to examine the legal framework for data protection in the European continent. The article analyzes the issue of personal data through the prism of human rights and their protection under Article 8 of the European Convention on Human Rights. The article analyzes the ECtHR experience and the relevance of its decisions in the context of the protection of personal data. The authors study the legal understanding of personal data within European law. The legal basis for the protection of personal data was analyzed, and new mechanisms that could be used under the fast development of information technologies were established. All these questions lead to the idea that there is no unique and universal way to protect personal data, even though it is required, given the high level of cyberterrorism. In this article, the authors attempt to find a universal mechanism for regulating access to personal data and protecting it on the international level by public and private international law. In conclusion, a set of measures that can improve the institute of personal data protection is suggested. © 2023 Revista Juridica Portucalense. All rights reserved.