There's more to it than data protection - Fundamental rights, privacy and the personal/household exemption in the digital age

摘要

Heated debates triggered by the plans to introduce the "right to be forgotten" exposed problems the all-encompassing application of rules on data processing may cause in practice. The purpose of this article is to discuss the compatibility of these rules with the rapidly evolving online environment in the context of the need to guarantee human rights on the internet. The author argues that there is an imbalance in the protection of individual rights online. It results from the limited application of personal/household exception and, in general, the narrow understanding of the concept of online privacy. According to the author in order for data protection laws to flesh out not only the fundamental right of data protection, but also play a mediatory role in balancing other rights, the application of the personal/household exception should be extended to include private online activities. This would reflect the complex character of the very concept of online privacy, diversity of actors and activities shaping online "territories", as well as the increasingly heterogeneous fabric of the Web.