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The Global Community Yearbook of International Law and Jurisprudence 2014Volume I$
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Giuliana Ziccardi Capaldo

Print publication date: 2015

Print ISBN-13: 9780190270513

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780190270513.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 December 2020

Comment And Analysis

Comment And Analysis

The Luxembourg Sense of the Internet: Towards a Right to Digital Privacy?

(p.223) Comment And Analysis
The Global Community Yearbook of International Law and Jurisprudence 2014

Oreste Pollicino

Marco Bassinio

Oxford University Press

The chapter explores, from a theoretical perspective, how the Court of Justice of the European Union has approached, in the recent judgments concerning data retention and the right to be forgotten, the emergence of a new right to digital privacy. Moving from the well-established construction of Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, the article analyses how the amplification of the protection granted to these rights has been fostered by the characteristics of the new digital environment. Particularly, the constitutional implications of the new approach taken by the Court of Justice in terms of balance between fundamental rights (including the right to digital privacy, freedom of expression or freedom to conduct business) are brought to light, with a view to describing how such balance and its outcomes necessarily diverge from the non-digital scenario.

Keywords:   data protection, data retention, digital privacy, Internet, personal data, privacy, right to be forgotten, right to private life

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