Teisės į asmens duomenų apsaugą ir saviraiškos bei informacijos laisvės suderinamumo problematika

Abstract

This article considers issues related to the potential conflict between the right to personal data protection and the right to freedom of information. The right to the protection of personal data is relatively new and can be described as one of the features of modern law, as the new secondary legislation intended to regulate this field in detail was adopted by the EU in 2016 only. It is an axiom that every person deserves to have access to appropriate remedies that uphold their right to personal data protection, as provided by Article 8 of the Charter. According to the Charter, this right is fundamental and necessary in order to preclude the illegal or disproportionate use of personal and private information. There is no equivalent of Article 8 in the European Convention on Human Rights (ECHR). The right to privacy and personal data protection share common ground, such that the Court of Justice of the European Union (CJEU) considers both the right to privacy and personal data protection concurrently. Nevertheless, judgments such as Digital Rights Ireland, Seitlinger and others, or Tele2 Sverige would suggest otherwise; the CJEU clearly regards both of these rights as being separate.