Data protection is the protection of natural persons with regard to the processing of their personal data.
Basis in fundamental rights
In the EU, the protection of personal data is a fundamental right in its own right under Art. 8 of the Charter of Fundamental Rights. In Germany, since the 1983 census judgment, the Federal Constitutional Court has derived the right to informational self-determination from the general right of personality.
What is protected is not data as such, but the people to whom it relates.
Data protection and data security
Data protection asks whether and how personal data may be processed. Data security concerns the technical and organisational protection of data of all kinds against loss, manipulation and unauthorised access.
The two areas are closely linked: the GDPR expressly requires appropriate security measures.
Legal provisions
- Art. 8 EU Charter of Fundamental Rights
- Fundamental right to the protection of personal data.
- Art. 16 TFEU
- Basis of data protection law in EU law.
- Art. 2(1) in conjunction with Art. 1(1) GG
- General right of personality and informational self-determination.
- Art. 1 GDPR
- Subject matter and objectives of the Regulation.
Related terms.
Data security Data security refers to the protection of data against loss, manipulation and unauthorised access through technical and organisational measures. Art. 5(1)(f) GDPR General Data Protection Regulation (GDPR) The General Data Protection Regulation is the European regulation that governs the processing of personal data uniformly throughout the EU. Art. 2 GDPR 