Data Protection Comes of Age: The Data Protection Clauses in the European Constitutional Treaty
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This article traces the evolution of the right to data protection in European law, with a particular focus on the inclusion of the right in the European Union Charter of Fundamental Rights and its proposed legal status under the new Constitutional Treaty. In particular, the discussion considers the legal impact of this ‘constitutionalisation’ of this area of legal protection. It is argued that this should be viewed as more than just a formal development in that entrenchment of the right may strengthen ground-level interpretation and implementation of data protection principles.
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