Abstract
This chapter focuses on the construction of personal data protection as a fundamental right of the European Union (EU) by studying the surfacing of the notion of EU fundamental rights, and by exploring how could the right to the protection of personal appear among them. First, the chapter reviews the historical involvement of the EU in the field of fundamental rights protection, describing the sources of fundamental rights originally identified by the EU Court of Justice and later inscribed in EU law. Second, it proves the inexistence of a common constitutional approach among Member States in relation to the recognition of a right to the protection of personal data. Third, it reviews the appearance of personal data protection in the various tentative listings of fundamental rights produced by EU institutions up until 2000. Finally, it describes how the right came to be inscribed in Article 8 of the Charter of Fundamental Rights of the EU proclaimed in 2000, discussing also the major features of this recognition.
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