Effectiveness of the protection of personality rights in face of the informational process: challenges stemming from privacy to data protection

Abstract

The work seeks to position privacy in an intersubjective context, considering that the titleholder will inevitably make concessions in the name of his social achievement. It will ques­tion to what extent the legislative framework al­lows the individual’s effective control over their data. The consolidation of the rules applicable to the informational process (procedural dimension of privacy) does not require the holder to have access to the necessary rules to guarantee the free development of the personality in the infor­mation society. It is concluded that the matter of data protection, although it was born as an expression of privacy, should also be an instru­ment to protect the individual against offenses to other personality rights, as violations occur­ring in the course of the information process may represent a threat to other aspects of the personality.