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The nature and trends of development of personal data protection

Author:
Issue 2002/7
Pg 435-446

Summary


The article discusses the development of personal data protection and its underlying principles.
The first part of the article is devoted to the historical evolution of personal data protection. The author examines the Council of Europe Convention on the Protection of Personal Data, OECD recommendations for the protection of personal data and privacy, and the personal data protection Directive of the European Union. The objectives of the aforementioned instruments and their implications and interrelations are discussed.
As the purpose of personal data protection is to protect the privacy of personal life, the second half of the article addresses issues regarding the definition of privacy. The privacy of an individual is not an absolute right and, therefore, the main question in the protection of personal data is whether the restriction of privacy is necessary in specific interests and, if so, what these interests are.
Finally, the author analyses theoretical and practical possibilities for the protection of personal data, drawing on the European and US models.

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