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Data Protection Enforcement: The European Experience—Case Law
Abstract
This chapter will firstly describe the concepts of personal data and privacy, how these are similar and different in the same time, and what is the regulator aim with regards to the protection of the individual rights and freedoms. Subsequently, two most representative case law will be described and analysed in order to understand the applicability of the EU legal framework in regards to privacy and data protection.
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It is impossible to summarise data protection in two or three lines. Data protection is a catch-all term for a series of ideas
with regard to the processing of personal data (see below). By applying these ideas, governments try to reconcile fundamental
but conflicting values such as privacy, free flow of information, the need for government surveillance, applying taxes, etc.
In general, data protection does not have a prohibitive nature like criminal law. Data subjects do not own their data. In
many cases, they cannot prevent the processing of their data.
The term of office of seven of the members of the European Commission of Human Rights expired on 17th May 1960. A list of candidates prepared by the Bureau of the Consultative Assembly 1 was submitted to the Committee of Ministers who, on 28th April 1 960, re-elected the following for a period of six years : Mrs. G. Janssen-Pevtschin, MM. M. Sørensen, A. Süstesterhenn, C. Th. Eustathiades, L. J. C. Beaufort, Sir Humphrey Waldock. In place of Mr. P. Berg, who had not offered himself for re-election, the Ministers elected Mr. F. Castberg.2
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