- Volume 7 (2021), Issue 2
- Vol. 7 (2021), No. 2
- >
- Pages 190 - 205
- pp. 190 - 205
Refining the Concept of the Right to Data Protection in Article 8 ECFR – Part II
Controlling Risks Through (not to) Article 8 ECFR Against Other Fundamental Rights
open-access
This work is distributed under the Creative Commons Licence Attribution 4.0 International (CC BY 4.0).
There may be no other fundamental right of the European Charter of Fundamental Rights (ECFR) that raises more questions on the precise object and concept of protection than the right to data protection in Article 8 ECFR. A prominent example is the principle of purpose limitation. The preceding first part of this three-parted series has shown how this ambiguity creates various problems both on the conceptual level of fundamental rights as well as on the level of ordinary law (esp. the GDPR). However, it has also been shown how a re-connection of data protection law to concepts of risk regulation may help clarify these ambiguities. On this basis, the second part of this series demonstrates in detail why data protection laws apply a risk-based approach and
Keywords: Article 8 ECFR | fundamental right to data protection | precautionary principle | risk-based approach | GDPR | regulating risks | effects on public and private actors | scope of application | principle of purpose limitation | consent | data protection by design | data protection impact assessment