Justice
Art 8. Protection of personal data

Definition

  • Everyone has the right to the protection of personal data concerning him or her. 
  • Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law.  Everyone has the right of access to data which ahs been collected concerning him or her, and the right to have it rectified. 
  • Compliance with these rules shall be subject to control by an independent authority.

Legal Explanations

This Article has been based on Article 286 of the Treaty establishing the European Community and Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995) as well as on Article 8 of the ECHR and on the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, which has been ratified by all the Member States. Article 286 EC Treaty is now replaced by Article [50] of the Constitution. Reference is also made to regulation N 45/2001 of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001). The above-mentioned directive and regulation contain conditions and limitations for the exercise of the right to the protection of personal data.