Data Protection in the Area of Freedom, Security, and Justice – ELSJ
Data protection in the Area of Freedom, Security and Justice (ELSJ) means that the European Union has, in recent decades, been thinking, deciding, and legislating on this very current issue in a period of globalization and increasing development and technological changes.
For this it has legal bases that at various levels establish and regulate the issue of data protection.
Thus, art. 16 of the Treaty on the Functioning of the European Union (TFEU) establishes rules that protect natural persons in the processing of their data by the institutions, bodies, and agencies of the Union, as well as by the Member States in the exercise of activities relating to the application of Union law European. Articles 7 and 8 of the EU Charter of Fundamental Rights recognize respect for privacy and data protection as fundamental rights.
The Council of Europe, in Convention 108 of 1981, also states: “to guarantee […] all-natural persons […] respect for their fundamental rights and freedoms, and especially for their right to privacy, in relation to the automated processing of personal data”, and the European Convention on Human Rights (ECHR) “enshrines the right to respect for private and family life, for your home and for your correspondence”.
Finally, the General Data Protection Regulation (RGPD) aims at “violations of privacy and data in an increasingly data-driven world”.
The supervisory authorities come with the European Data Protection Supervisor (EDPS) which supervises independently and the European Data Protection Board (ECPD) which meets with the EDPS, the Commission, and the National Supervisory Authorities. to debate, resolve disputes and clarify the RGPD.
We were able to verify that the issue of data and/or personal information in the melds of today’s society is the concern and view of the EU, which continues to adapt its thinking and propose measures appropriate to the times we live in to safeguard dignity, security, private space and finally democracy and freedom itself.
Luísa Daniel Tavares