Keyword: Charter of Fundamental Rights of the European Union
The Right to Communications Confidentiality in Europe: Protecting Trust, Privacy, and Freedom of Expression external link
Abstract
In the European Union, the General Data Protection Regulation (GDPR) provides comprehensive rules for the processing of personal data. In addition, the EU lawmaker intends to adopt specific rules to protect confidentiality of communications, in a separate ePrivacy Regulation. Some have argued that there is no need for such additional rules for communications confidentiality.
This paper discusses the protection of the right to confidentiality of communications in Europe. We look at the right’s origins as a fundamental right to assess the rationale for protecting the right. We also analyse how the right is currently protected under the European Convention on Human Rights and under EU law.
We show that the right to communications confidentiality protects three values: trust in communication services, privacy, and freedom of expression. The right aims to ensure that individuals and businesses can safely entrust communication to service providers. Initially, the right protected only postal letters, but it has gradually developed into a strong safeguard for the protection of confidentiality of communications, regardless of the technology used.
Hence, the right does not merely serve individual privacy interests, but also other interests that are crucial for the functioning of our information society. We conclude that separate EU rules to protect communications confidentiality, next to the GDPR, are justified and necessary to protect trust, privacy and freedom and expression.
Charter of Fundamental Rights of the European Union, confidentiality, ECHR, frontpage, GDP, Privacy, Telecommunications law
RIS
Bibtex
Copyright in the Age of Online Access: Alternative Compensation Systems in EU Law external link
Abstract
This book examines pragmatic legal solutions that enable Internet users to access works in the digital environment by exploring the flexibilities in EU copyright law in search of a consistent regulation of non-commercial online use. In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the need for legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals, while assuring remuneration to rights holders and promoting the development of the information society.
Berne Convention, Charter of Fundamental Rights of the European Union, CJEU, collective rights management, communication to the public right, compensation systems, Copyright, Digital Single Market, EU copyright law, exceptions and limitations, fair balance, Internet, Kluwer Information Law Series, online intermediaries
RIS
Bibtex
Access to Personal Data and the Right to Good Governance during Asylum Procedures after the CJEU’s YS and M. and S. judgment (C-141/12 and C-372/12) external link
Abstract
In the YS. and M. and S. judgment, the Court of Justice of the European Union ruled on three procedures in which Dutch judges asked for clarification on the right of asylum seekers to have access to the documents regarding the decision on asylum applications. The judgment is relevant for interpreting the concept of personal data and the scope of the right of access under the Data Protection Directive, and the right to good administration in the eu Charter of Fundamental Rights. At first glance, the judgment seems disappointing from the viewpoint of individual rights. Nevertheless, in our view the judgment provides sufficient grounds for effective access rights to the minutes in future asylum cases.
access to information, asylum procedure, Charter of Fundamental Rights of the European Union, Data protection, effective remedies, Grondrechten, peronal data, Privacy