Abstract
Right to (information) privacy and right to personal data protection have many common contact points. However, the very act of developing data protection, as a younger right into the sui generis right shows that these two rights are not the same and that there are differences between them, huge enough to make them separate legal rights. The main trigger for noticing their different nature, purpose and background and for development of the data protection into the separate right was the revolution in the information technology solutions. This IT progress, for the first time, enabled massive and relatively cheap operations with the personal data and brought not only concern about the security of the personal data, but also unbelievable business possibilities. It was the turning point for the codification of the data protection right which started from 1970ies, aiming to create separate rules and legislation which will understand the importance of not only of protecting personal data but of their regulated and lawful usage. Despite all what was said, there is still certain confusion regarding these two rights, mainly because in the initial phase of the massive usage of the new IT solutions, when the data protection legislation still wasn’t developed, information privacy right served as the only legal protection of the data protection right and the relationship between these two rights is complex even today and deserves to be further researched
Highlights
Right to privacy and right to personal data protection have many common contact points
Personal data protection that was guaranteed through the protection of the information privacy was not comprehensive since it took into account only the privacy angle, and further creation and development of the data protection right as a separate legal right, brought broader perspective and meaning of the personal data protection right itself
Mentioned way of protecting personal data was only limited, considering the fact that European Court of Human Rights decides in the context of the human rights violation and, in this case, checks the impact on the private life of the related individual and in this way limits its scope to information privacy without providing coverage of the right of the personal data protection as it is later defined by the EU legislation in this area, meaning, according to principles and rules for the legitimate operations with data
Summary
Privacy right is the basic human right recognized in the international law, EU law and legislations of the number of countries This right provides protection to the individual against excessive interference by the state government, public and other individuals in the information, physical, spatial and communication sphere (aspects of the privacy right) of this particular individual. The reason for that is subjective understanding of the concept of privacy as well as breaking someone else’s privacy, which is based on our social and cultural environment, history, heritage, religion etc. This is the reason for the lack of one universal definition of the privacy itself. Personal data protection that was guaranteed through the protection of the information privacy was not comprehensive since it took into account only the privacy angle, and further creation and development of the data protection right as a separate legal right, brought broader perspective and meaning of the personal data protection right itself
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