1.2 Organization of the Report
This report is divided into five sections.
After the introduction provided in Sect. 1, Sect. 2 will give an overview of the
general data protection framework in the legal systems covered by the report. For
this purpose, that section will examine the applicable rules in the relevant jurisdictions, the notion of personal data prevailing in those rules, the existing supervision
authorities and the extent to which the subject matter of the report is also governed
by self-regulation instruments.
Section 3 will analyze, from a comparative perspective, a number of critical
issues concerning data protection in the Internet, in particular those related to data
processed by electronic means, data protection in the electronic communications
sector, data protection and digital forensics, data protection and electronic surveillance for security and defense purposes and the remedies and sanctions available for
the breach of the applicable rules.
Section 4 will address the international dimension of data protection. Notably, it
will seek to determine the extent to which national or supranational rules on data
protection are applied on a territorial or an extraterritorial basis, the specific conditions applicable to the transfer of personal data to foreign jurisdictions and the law
applicable to liability for damages caused by the unlawful processing of
personal data.
Finally, Sect. 5 will identify the basic approaches to regulation of data protection
in the Internet that flow from the preceding sections and will endeavor to make a
general assessment thereof.
2 The General Data Protection Framework
2.1 The Applicable Rules
The first issue raised by a comparative study on the subject-matter of this report is the
extent to which personal data protection is covered by specific legislation or case law
and the nature and scope of that legislation or case law.
The protection of privacy has been a relevant concern in Western legal systems
for more than a century
5 and has found expression as a personality right in several
European codifications,
6 as well as a human right in international covenants.
7 The
adoption of specific rules governing the collection, storage, transmission and use of
5 See the seminal article by Warren and Brandeis (1890). For an overview of the law of privacy in
Western legal systems, see Strömholm (1967).
6 See, for example, article 80 of the Portuguese Civil Code. On the genealogy of this provision, see
Mota Pinto (2018), pp. 475 ff.; and Menezes Cordeiro (2011), pp 259 ff.
7 See, e.g., article 12 of the Universal Declaration of Human Rights.
Data Protection in the Internet: General Report
3
This report is divided into five sections.
After the introduction provided in Sect. 1, Sect. 2 will give an overview of the
general data protection framework in the legal systems covered by the report. For
this purpose, that section will examine the applicable rules in the relevant jurisdictions, the notion of personal data prevailing in those rules, the existing supervision
authorities and the extent to which the subject matter of the report is also governed
by self-regulation instruments.
Section 3 will analyze, from a comparative perspective, a number of critical
issues concerning data protection in the Internet, in particular those related to data
processed by electronic means, data protection in the electronic communications
sector, data protection and digital forensics, data protection and electronic surveillance for security and defense purposes and the remedies and sanctions available for
the breach of the applicable rules.
Section 4 will address the international dimension of data protection. Notably, it
will seek to determine the extent to which national or supranational rules on data
protection are applied on a territorial or an extraterritorial basis, the specific conditions applicable to the transfer of personal data to foreign jurisdictions and the law
applicable to liability for damages caused by the unlawful processing of
personal data.
Finally, Sect. 5 will identify the basic approaches to regulation of data protection
in the Internet that flow from the preceding sections and will endeavor to make a
general assessment thereof.
2 The General Data Protection Framework
2.1 The Applicable Rules
The first issue raised by a comparative study on the subject-matter of this report is the
extent to which personal data protection is covered by specific legislation or case law
and the nature and scope of that legislation or case law.
The protection of privacy has been a relevant concern in Western legal systems
for more than a century
5 and has found expression as a personality right in several
European codifications,
6 as well as a human right in international covenants.
7 The
adoption of specific rules governing the collection, storage, transmission and use of
5 See the seminal article by Warren and Brandeis (1890). For an overview of the law of privacy in
Western legal systems, see Strömholm (1967).
6 See, for example, article 80 of the Portuguese Civil Code. On the genealogy of this provision, see
Mota Pinto (2018), pp. 475 ff.; and Menezes Cordeiro (2011), pp 259 ff.
7 See, e.g., article 12 of the Universal Declaration of Human Rights.
Data Protection in the Internet: General Report
3