The evolving understanding of the right to privacy vis-à-vis the digital revolution
Journal title DIRITTO COSTITUZIONALE
Author/s Marco Bassini
Publishing Year 2023 Issue 2023/1 Language Italian
Pages 30 P. 83-112 File size 289 KB
DOI 10.3280/DC2023-001005
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The conceptualization of the right to privacy as fundamental right in the Italian legal sys-tem largely depends on the influence played by European law and by the case law of Eu-ropean courts. From "import product" having its roots in the US, this right does now stand out as a distinctive feature of European constitutionalism. The essay aims to ex-plore how technological evolution has been the driver that paved the way for the devel-opment of the understanding of the right to privacy over the past decades, highlighting how the current legal safeguards for the protection of privacy amount to a "litmus test" in light of the large-scale implementation of emerging and disruptive technologies. This way, the essay intends to offer a critical analysis of the rising challenges that the right to privacy and personal data has to face, questioning in particular the adequacy of the Euro-pean Union framework.
Keywords: Privacy; Personal data, Digital revolution, Informational self-determination, Digital right to privacy.
Marco Bassini, Il diritto costituzionale alla privacy nel prisma dell’evoluzione tecnologica in "DIRITTO COSTITUZIONALE" 1/2023, pp 83-112, DOI: 10.3280/DC2023-001005