Use of the charter of fundamental rights by national data protection authorities and the EDPS
Title: Use of the charter of fundamental rights by national data protection authorities and the EDPS
Author: PORCEDDA, Maria Grazia
Series/Number: Centre for Judicial Cooperation; 2017
This report illustrates a selection of the results of the CharterClick! Project Questionnaire on the use of the Charter of Fundamental Rights by National Data Protection Authorities (hereafter NDPAs) and the EDPS in their day-to-day activities. The questionnaire was circulated at the end of September 2016, and responses were collected up until January 2017. This is a crucial period to study the use of the Charter by (N)DPAs, since authorities are preparing the enforcement of the General Data Protection Regulation (hereafter GDPR) and the Directive 2016/680, which represent the first, important, steps of the complete overhaul of the data protection legal framework. Both texts testify to the double significance that the Charter should already have for NDPAs. First, the protection of personal data has the status of a fundamental right (independent from the right to respect for private and family life) in the Charter. Secondly, the Charter enjoys primacy in the hierarchy of sources of Union law. Hence, NDPAs should interpret the national applicable law falling within the scope of EU law (enforcement of primarily Directives 1995/46 and 2002/58), and the impending GDPR and Directive, in the light of both the Charter, and the related case law of the Court of Justice of the European Union (hereafter CJEU).
Type of Access: openAccess