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Authors
Advisor(s)
Abstract(s)
Life in society translates, inevitably, into the provision of personal information. The processing of such data may, however, be excluded from the scope of Regulation (EU) 2016/679 if it constitutes the processing of personal data carried out by a natural person in the course of a purely personal or household activity. Nevertheless, even if such exception is not fulfilled, this does not automatically determine the illegality of the processing that did not observe the principles and rules concerning the protection of personal data. In this assessment, legitimate interests are considered and, specifically according to the portuguese law, the safeguard of ‘sensitive data’ is imperative. Recent portuguese case-law indicates that the digital age, which encourages public exposure, raises debate on the permeability of the private sphere boundaries, demonstrating that a
purely personal activity involving the processing of personal data could represent an activity whose exercise may be legally preventable.
Description
Keywords
Data protection Processing of personal data Personal or household activity Legitimate interests Limits of private life Portuguese case-law
Citation
Sousa, I. P. (2019). Revisiting the paradigm of private sphere on personal data protection in the european union – a portuguese approach. In L.B. Vadell, F.S. Veiga, O. Seul, S. Rohlfing-Dijoux, Book of 23rd Annual Meeting of Nanterre Network. Legal and interdisciplinary challenges in contemporary society. (191-201). Salamanca: University, Faculty of Law
Publisher
Faculty of Law, University of Salamanca