Data Protection – A European Basic Right
Also on a European level, data protection was anchored as a basic right for everybody.
In Article 8, the Charter of Fundamental Rights of the European Union of 7 December 2000 regulates the protection of personal data. Pursuant to this article, the processing of personal data is only permissible for determined purposes and with the data subject’s consent, or by virtue of a legal basis. In this context, the supervision of the compliance with legal provisions pertaining to data protection law carried out by the independent data protection authorities is an integral element of this right.
This article is based on Article 286 of the Treaty establishing the European Community, on the general Data Protection Directive 95/46/EC , as well as on Article 8 of the European Convention on Human Rights.
As data protection was also included in the Treaty on the Constitution for Europe, the basis for data protection will be further improved. Article I-51 grants every person the right to protection of his/her personal data. This article requires also the monitoring of the implementation of data protection regulations by an independent authority. Moreover, the Charter of Fundamental Rights is an integral element of the Treaty establishing a Constitution for Europe.