The Right to Privacy of Personal Information and Private Life (Privacy): The Issues Nowadays

Abstract

The right to privacy of personal information and private life, otherwise known as privacy, is an important right of ours, which despite dating years ago, in the European Convention on Human Rights in 1950, is today faced with difficulties and problems in various legal and social plan. So, first of all, today there are still countries that do not have this right expressly provided in their constitution. Also, despite different national and international acts (especially comunitare acts), are still not very clear instruments for the protection of this right.This has made the role of jurisprudence to be fundamental in this regard, based on discretionary and subjective criterion of judicial authority. Also today, in the era of internet and technology, more and more users want to know which of their data are collected and where they go. Hence the need for new legislation aimed to rescue the users' confidence in online services. Another problem is the one that has to do with simplification of norms in the area of privacy and standardization of procedures among different states, thus eliminating the differences between national legislations, which are the first cause of uncertainty. The Problematic is even safeguard this right, when dealing with other constitutional values. Delicate in this regard, is its relationship with the right of defense, the publication of the decision, and the right to information. All these will be subject to the treatment of this topic, given the importance and the problems that they present today.

DOI: 10.5901/mjss.2013.v4n10p648