Confusing Fundamental Rights Protection in Europe: Loopholes in European Fundamental Rights Protection Exemplified on European Data Protection Rules

Abstract

Data protection is one of the most discussed topics today. European citizens are affected by data processing in every part of their daily life. But, in case of misuse of their personal data, are they aware of the rights that protect them? European data protection rules can be found in the European Charter of Fundamental Rights, in the European Convention on Data Protection of the Council of Europe, in the OECD Guidelines, in the Directive on Data Protection 95/46, in the EU Charter of Fundamental Rights and in the case law of the ECJ and the ECHR. European citizens are protected by different public international law rules, as well as by national and by EU norms. Complex legal constructions and difficult overarching structures hinder the understanding of data protection provisions, especially as regards newly developed information exchange systems in Police and Judicial Cooperation. The paper will demonstrate the confusing legal situation and recent developments in this field. A final section will summarize the legal difficulties currently arising in this context.