preview

The Body Of Law Governing The European Data Protection System Essay

Better Essays

2.0 – Introduction

The main body of law governing the European data protection system is the Directive 95/46/EC which provides the standard framework for EU Member States as “to protect fundamental rights and freedom of natural persons, and in particular their right to privacy with respect to processing of personal data” , therefore it applies to the United Kingdom as well. Nevertheless, its basic provisions raises very serious impacts on the right of free expression, also restricting the centre values of the right which relating to media as gathering, storing and imparting of information.
However, from the point of view of media expression, Member States are required to provide derogations to exclude any bounding provision by their own law but “only if they are necessary to reconcile the right to privacy with the rules governing freedom of expression” . Notwithstanding, these goals of balancing rights are also represented by the decision of the Court of Justice of the European Union in the case concerning the data protection obligations of Google . It is widely accepted that , since the beginning, European data protection is in a particularly opposing relationship with the right of media to freedom of expression.
From the one side the media as an entity is not only responsible for “the collection and storage of huge amounts of personal information” but it has also been argued that “it is the media…which is capable of inflicting the gravest damage on the individual” by

Get Access