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The Essence of the Right to the Protection of Personal Data: Essence as a Normative Pivot

Authors: Dara Hallinan;

The Essence of the Right to the Protection of Personal Data: Essence as a Normative Pivot

Abstract

The concept of the essence of the Article 8 right to the protection of personal data has garnered much attention over the past few years. Yet, there remains a considerable lack of clarity in relation to the concept in current law and jurisprudence. There is a lack of clarity, for example, in relation to the current function of the concept of essence in the legal scheme of Article 8 as well as in relation to whether the concept of essence has a functionally distinct role in this scheme at all. This article endeavours to address this uncertainty. In this regard, the article: i) offers a novel methodology for the identification of a cogent, functionally distinct, description of the concept of essence as it is currently used in law in relation to Article 8; and ii) proposes, and defends, such a description: the concept of essence as a normative pivot.

Keywords

Law, Data Protection, Privacy, Essence, Fundamental Rights, Article 8

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selected citations
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This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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