IDEAS home Printed from
   My bibliography  Save this article

Constitutionalsm - Reform On Data Protection Law And Human Rights


  • Rezana BALLA

    (PhD. Student, University of Tirana, Faculty of Law, ALBANIA.)


The purpose of this paper is to address one of the most Fundamental Freedom and Human Rights the protection of privacy, particularly under the provisions of the European Convention on Human Rights as interpreted by the Strasbourg institutions and by national courts. Article 8 of the Convention provides in its first paragraph that everyone has the right to respect for his private and family life, his home and his correspondence. This paper is focused to one of the central issues of the problem of “human rights and scientific and technological developments” i.e., the protection of the privacy. This paper is intended to achieve to explain the legal measures and the state efforts to regulate and to protect the privacy. It tries to interpret the Directive 95/46/EC of the European Parliament and of the Council and to present the major reasons for the movement towards comprehensive privacy and data protection laws.This paper seeks to arrive at conclusions that the problem is continuing even with the adoption of legal and other protections measurements, violations of privacy remain a concern. In many countries, laws have not kept up with the technology, leaving significant gaps in protections. In other countries, law enforcement and intelligence agencies have been given significant exemptions. Finally, in the absence of adequate oversight and enforcement, the mere presence of a law may not provide adequate protection.

Suggested Citation

  • Rezana BALLA, 2011. "Constitutionalsm - Reform On Data Protection Law And Human Rights," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 47, pages 61-74, December.
  • Handle: RePEc:pmu:cjurid:v:47:y:2011:p:61-74

    Download full text from publisher

    File URL:
    Download Restriction: no

    More about this item


    human rights; privacy; data protection; threat; technological developments.;

    JEL classification:

    • K - Law and Economics


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pmu:cjurid:v:47:y:2011:p:61-74. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bogdan Voaidas). General contact details of provider: .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.