Freedom to Conduct a Business and Right to the Protection of Personal Data


Abstract of the research.

In the Digital Ecosystem the relationship between freedom to conduct a business and the right to personal data protection is complicated and intricate, also considering that both right and freedom are not an absolute right and should be balanced following the principle of proportionality. The asserted higher axiological value of the right to personal data protection over the freedom to conduct business cannot be intuitively assumed, as doing so could lead to irrational bias and a one-sided view, resulting in the narrow and absolute enforcement of a single right. It is reasonable to explore the possibility of a “graduated axiological” assessment of the multiple rights encompassed within the right to personal data protection, considering the specific right related to the personal data in question and therefore to look for a moving beyond the absolute primacy of consent as the legitimate legal basis for personal data processing in favor of greater consideration of the ‘legitimate interest’ of the data controller and/or third parties.

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