El derecho de acceso. Una comparativa del enfoque en Europa y en Reino Unido

Resumo

The right of access has been shaped flexibly by both EU and English data protection laws. This, combined with the high litigation and complaint rates observed in both jurisdictions, leads to a multitude of interpretative nuances that must be given due regard during practical implementation. Moreover, European and national data protection authorities have also provided their insights. Consequently, the current configuration of the right, as well as its anticipated development through future data protection (and digital identity) reform, clearly reflects the influences om the above-mentioned various sources. However, the regime of the right of access still suffers from a certain degree of necessary vagueness to prevent rapid obsolescence, necessitating its interpretation in accordance with the well-established criteria laid down by pre-Brexit European jurisprudence, English jurisprudence, and data protection authorities in both jurisdictions. Although Brexit initially hinted at a departure from EU norms, the proposed bills thus far do not substantially deviate from the existing legal framework governing this right.