Legal Reflections on Data Protection and the Right to Privacy in Informational Self-determination

Abstract

The purpose of this research is to establish legal considerations regarding the right to privacy and its connection to data protection, in order to determine the importance of developing public policies and legislative actions that create a balanced approach to rights and consolidate fundamental elements of information protection. The analysis begins with a brief introduction to the right to privacy and related rights, followed by an examination of the supposed absolute nature of the fundamental right to privacy. It then proceeds to analyze the constituent elements of this right, emphasizing the information transfer stage, which involves the control and subsequent disclosure of data to a third party. Finally, the analysis focuses on the relevance of valid authorization or consent and on determining the causal link between violations of the right to personal data protection and the right to privacy caused by new technologies.