| Abstract [eng] |
The master’s thesis explores how the processing of personal data in the electronic communications sector relates to the right to respect for private life. The core focus of the research is the application of Article 15(1) of the ePrivacy Directive in EU Member States and its interaction with the GDPR, as well as with the case law of the CJEU and the ECtHR. The first part of the thesis outlines the legal substance of the concept of privacy under Article 8 of the ECHR, EU law, and national legal sources. The second part analyses the interplay between the ePrivacy Directive and the GDPR, with particular emphasis on the principles of proportionality and legality. The third part evaluates the proposed amendments under the future ePrivacy Regulation, which may significantly impact the existing legal balance between security needs and the protection of fundamental rights. The findings of the study reveal that national legislation and practices often fail to meet the standards established by EU law and the ECtHR, posing risks both to individual rights and legal certainty. The conclusions underscore the necessity for clear legal criteria and a harmonised EU-wide approach to ensure adequate protection of personal data in the electronic communications sector. |
