A Critical Evaluation Of The Extent To Which The Recognition Of The Right To Privacy For Individual Citizens Under The European Convention On Human Rights 1950 Is Supported By The Law Related To Data Protection In The European Union That Is Now Provided For Under The Gdpr
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Date
2021
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Griffith College
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Abstract
This research focuses on the extent to which the right of privacy is being provided for under the General Data Protection Regulation as provided for under the European Convention on Human Rights 1950. It discusses the approaches currently adopted in ensuring the right of privacy and data protection in the European Union, the effectiveness of these approaches and the constraints militating against effective implementation of the law on data protection and the right to privacy for EU citizens.
Data protection laws are fundamental in securing the rights of people, particularly their entitlement to privacy. In this vein, the EU gives a solid worldwide enactment which is the General Data Protection Regulation (GDPR) in managing the assortment and use of individual data by the private sector and the government.
The research adopted a mixed approach by carryout out an extensive survey on fifty (50) individuals within and across the European Union, followed by interviews conducted with four respondents to provide findings, and thereafter themes were utilized in finalizing the analysis.
The finding and discussion following the interviews and survey, in line with the objectives of the study, portrayed that the right of privacy is fully considered under the GDPR in the EU. This is due to the fact that one of the aims of the General Data Protection Regulation (GDPR) is to empower individuals to have control over their personal information. It was also shown that the current approaches utilized by organisations in compliance with the GDPR have been faced by some challenges which includes poor priority levels, issues regarding consent from customers and prospects, and the right to erasure. These challenges militate against effective implementation of the GDPR among firms. In ensuring adequate compliance with the GDPR, and also curbing the challenge of consent, organizations must ensure customers are aware of their rights to demand full details of the information held on them, and also to retrieve their data when it deems fit. The research came up with other viable recommendations which can be attributable in the future.