Chapter 6. Data Processing and the Right to Privacy: the Importance of Article 8 ECHR

Abstract

This chapter examines the jurisprudence of the European Court of Human Rights (ECtHR) on Article 8 of the European Convention on Human Rights (ECHR), dealing with the claim that data processing measures or the use of databases may interfere with the right to privacy. It describes the general criteria resulting from the jurisprudence of the ECtHR on Article 8 ECHR in the field of governmental measures on the use of personal information. The aim of the chapter is to discover when Article 8 ECHR becomes relevant for the actual theme of this research: the use of Schengen Information System (SIS) and other European Union (EU) databases used for immigration and border control. The chapter also summarises which role the right to privacy or private life has been given in the decision making process on EU data bases and data processing.Keywords: data processing; European Convention on Human Rights (ECHR); European Court of Human Rights (ECtHR); European Union (EU) databases; right to privacy; Schengen Information System (SIS)