Aspects of Legal Regulation of Protecting Personal Data in the EU Internal Market

Abstract

The paper features an aspect of combining economic freedoms of the European Unioninternal market and the protection of human rights shown on the example of protectingpersonal data the observance of which is especially topical. The internal market as acentre of European integration is a significant achievement of the European integrationbut its potential is not fully grasped. The legal regulation of the internal market should beharmonized with the modern conditions including technological progress, which impedesthe respect of the rights to the protection of personal data and creates a barrier on theway to implement economic freedoms of the internal market. To identify the meaning of respecting rights in protecting personal data, the author examines some documents ofthe European Commission, including the Strategy for the single market, annual reviewsof growth, reports on applying the EU Charter. In particular, an instrument to raise theefficiency of the single internal market is the protection of personal data. The right to theprotection of personal data is specified in the acts of primary and secondary EuropeanUnion law. A special attention is given to the reform of the EU regulation in this regard,especially The General Data Protection Regulation 2016/679. The paper compares theapplicable Data Protection Directive 95/46. The reform introduces a single legal regulationfor the whole EU, which will enforce the right to the protection of personal data and savethe entrepreneurs from excessive expenses. Besides, the paper draws attention to theEU Court practice. The latter reminds the EU institutes and member states about theobligation to observe the EU Charter related to the protection of personal data.