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I. From the Right to Be Let Alone to the Right to Digital Privacy? I. From the Right to Be Let Alone to the Right to Digital Privacy?
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II. Right to Respect for Private Life and Right to Data Protection: Past and Future II. Right to Respect for Private Life and Right to Data Protection: Past and Future
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III. The Decision on the Data Retention Directive III. The Decision on the Data Retention Directive
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IV. A Right to Be Forgotten? The Google Spain Case IV. A Right to Be Forgotten? The Google Spain Case
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V. Concluding Remarks and Future Perspectives V. Concluding Remarks and Future Perspectives
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Comment And Analysis: The Luxembourg Sense of the Internet: Towards a Right to Digital Privacy?
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Published:September 2015
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Abstract
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.
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