The Right To Privacy, By Samuel Warren And Louis Brandeis

2.1 Privacy The concept right to privacy became a popular concept after the essay written by Samuel Warren and Louis Brandeis titled, “The Right to Privacy”, published by the Harvard Law Review. This essay set out that the individual has the ‘right to be let alone’ and that such right must be incorporated into the existing law in order to ensure the right as it is a fundamental human right.
Privacy is considered one of the most challenging rights, as it has different definitions in various cultures and jurisdiction and the justification thereof. In the West, privacy is regarded as certain data which is treated as “theirs with very strong intuition, whether it be private or personal and objected which is collected, used, or processed without
The Directive is one of the cornerstones of EU privacy law and human rights law. Moreover, it regulates the processing of data regardless of it being processed automated or not. The Directive harmonizes the EU Member States and the members of the European Economic Area (Iceland, Lichtenstein, Norway) and aims to remove the obstacles for free movement in the internal market. The Directive is considered to be binding and shall by the addressed Member States implemented, however with discretion in the form of and method of implementation. Thus, the addressed Member States must provide an adequate level of
The Treaty is the primary law for all EU Member States. This Treaty has changed many aspects in the legal structure of the European Union. Starting with the Charter of Fundamental Rights of the European Union becoming binding, in which the basic right of data privacy of individuals and protection thereof is ensured. This change has led to these rights becoming fundamental rights in the EU legal order. Secondly, the Treaty includes data protection and data privacy in its framework, which can also be found back as relatable concept in the Treaty of Functioning of the European Union. Herein, it states that every individual has the right to data protection and it also increased the participation in data protection in regards to policymaking by the European