GDPR Data Protection Case-Law Guide

Data Protection Case Laws 

https://rm.coe.int/guide-data-protection-eng-1-2789-7576-0899-v-1/1680a20af0

This Guide is part of the series of Case-Law Guides published by the European Court of Human Rights (hereafter “the Court”, “the European Court” or “the Strasbourg Court”) to inform legal practitioners about the fundamental judgments and decisions delivered by the Strasbourg Court. This particular Guide analyses and sums up the case-law on data protection under the European Convention on Human Rights (hereafter “the Convention” or “the European Convention”). Readers will find herein the key principles in this area and the relevant precedents. The case-law cited has been selected among the leading, major, and/or recent judgments and decisions. The Court’s judgments and decisions serve not only to decide those cases brought before the Court but, more generally, to elucidate, safeguard and develop the rules instituted by the Convention, thereby contributing to the observance by the States of the engagements undertaken by them as Contracting Parties (Ireland v. the United Kingdom, 18 January 1978, § 154, Series A no. 25, and, more recently, Jeronovičs v. Latvia [GC], no. 44898/10, § 109, 5 July 2016). 

Contents:

I. Basic definitions and principles of data protection
a. Data protection terminology
b. The two aspects of data protection
c. The three data protection “tests”

II. Data protection and the right to respect for private life (Article 8 of the Convention)
a. Data operations liable to infringe the right to respect for private life
b. Data subjects’ rights
c. Data protection and substantive rights
d. Data protection and procedural rights

III. Modern-day challenges of data protection
a. Technological advances, algorithms and artificial intelligence
b. Internet and search engines
c. Data transfers and data flows