The distinction between privacy and data protection in the jurisprudence of the CJEU and the ECtHR

Abstract

There is a tendency to deal with the right to data protection as an expression of the right to privacy, but the distinction between both rights in the EU Charter of Fundamental Rights is not purely symbolic. † A closer appreciation of the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union shows that despite substantial overlaps there are also important differences, in particular with regard to the scope of both rights and their limitation.