Foundations of Data Protection Law

Abstract

Abstract Chapter 2 lays the groundwork for the rest of the book, clearly delineating the fundamental right to data protection, its relation to the GDPR, and the right to erasure in it. The historical overview demonstrates that the emergence of data protection is inherently tied to technological developments and how these may amplify power asymmetries. It is also made clear that informational self-determination or control over personal data lies at the heart of the fundamental right to data protection as proclaimed in Article 8 Charter. This is a clear difference with the GDPR that has a much wider prerogative, ie protecting all fundamental rights and freedoms whenever personal data is being processed. Put differently, whereas Article 8 Charter safeguards a minimum level of control over one’s personal data, the GDPR installs a fair balancing framework that safeguards any and all fundamental rights and freedoms as they are affected by the processing of personal data. The substantive provisions of the GDPR can be divided into four categories along the lines of ex ante v ex post and protective v empowerment measures (see data protection matrix). This chapter ends with positioning the right to erasure within the GDPR’s arsenal of ex post empowerment measures, describing its legislative history as well as its main benefits and drawbacks.