Revisiting the paradigm of private sphere on personal data protection in the European Union: a Portuguese approach

Inês Pereira de Sousa

Revisiting the paradigm of private sphere on personal data protection in the European Union: a Portuguese approach

Research output: Chapter in Book/Report/Conference proceeding › Conference contribution › peer-review

Abstract

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.

Original language	English
Title of host publication	Book of 23rd Annual Meeting of Nanterre Network. Legal and interdisciplinary challenges in contemporary society
Editors	Lorenzo Bujosa Vadell, Fábio da Silva Veiga, Otmar Seul, Stephanie Rohlfing-Dijoux
Place of Publication	Salamanca
Publisher	University of Salamanca
Pages	191-201
Number of pages	11
ISBN (Print)	9788409048953
Publication status	Published - 1 Dec 2019
Event	23rd Annual Meeting of Paris Nanterre Network - Salamanca, Spain Duration: 9 Jul 2019 → 11 Jul 2019

Conference

Conference	23rd Annual Meeting of Paris Nanterre Network
Country/Territory	Spain
City	Salamanca
Period	9/07/19 → 11/07/19

Keywords

Data protection
Processing of personal data
Personal or household activity
Legitimate interests
Limits of private life
Portuguese case-law

Access to Document

http://hdl.handle.net/10400.14/29205

Cite this

Sousa, I. P. D. (2019). Revisiting the paradigm of private sphere on personal data protection in the European Union: a Portuguese approach. In L. B. Vadell, F. D. S. Veiga, O. Seul, & S. Rohlfing-Dijoux (Eds.), Book of 23rd Annual Meeting of Nanterre Network. Legal and interdisciplinary challenges in contemporary society (pp. 191-201). University of Salamanca. http://hdl.handle.net/10400.14/29205

Sousa, Inês Pereira de. / Revisiting the paradigm of private sphere on personal data protection in the European Union : a Portuguese approach. Book of 23rd Annual Meeting of Nanterre Network. Legal and interdisciplinary challenges in contemporary society. editor / Lorenzo Bujosa Vadell ; Fábio da Silva Veiga ; Otmar Seul ; Stephanie Rohlfing-Dijoux. Salamanca : University of Salamanca, 2019. pp. 191-201

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title = "Revisiting the paradigm of private sphere on personal data protection in the European Union: a Portuguese approach",

abstract = "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 {\textquoteleft}sensitive data{\textquoteright} 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.",

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Sousa, IPD 2019, Revisiting the paradigm of private sphere on personal data protection in the European Union: a Portuguese approach. in LB Vadell, FDS Veiga, O Seul & S Rohlfing-Dijoux (eds), Book of 23rd Annual Meeting of Nanterre Network. Legal and interdisciplinary challenges in contemporary society. University of Salamanca, Salamanca, pp. 191-201, 23rd Annual Meeting of Paris Nanterre Network, Salamanca, Spain, 9/07/19. <http://hdl.handle.net/10400.14/29205>

Revisiting the paradigm of private sphere on personal data protection in the European Union: a Portuguese approach. / Sousa, Inês Pereira de.
Book of 23rd Annual Meeting of Nanterre Network. Legal and interdisciplinary challenges in contemporary society. ed. / Lorenzo Bujosa Vadell; Fábio da Silva Veiga; Otmar Seul; Stephanie Rohlfing-Dijoux. Salamanca: University of Salamanca, 2019. p. 191-201.

Research output: Chapter in Book/Report/Conference proceeding › Conference contribution › peer-review

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AB - 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.

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Revisiting the paradigm of private sphere on personal data protection in the European Union: a Portuguese approach

Abstract

Conference

Keywords

Access to Document

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