유럽연합(EU)의 민감정보에 대한 데이터 처리 방향성에 대한 소고

Jurisprudence of ECtHR based on Article 8 of the EU Charter of Fundamental Rights includes the rights in relation to data protection framework. Although rights to data protection and to privacy have some differences in the scope and the actual content to be protected by both rights, the actual legal interests of individuals for the EU data protection rights and privacy rights may not be distinct. Nevertheless, some of the rights guaranteed in the EU data protection regime are designed to develop effective tool controlling over personal data, falling outside private sphere, in order to support the power and information asymmetries between data subject and controllers or processors. As right to privacy may enhance the importance of informational values rather than before, the rights tend to be developing in the direction of active and autonomous individual control over informational privacy. As such, this paper suggests how to secure fairness in the processing of special categories of data including sensitive information that can affect the right to informational privacy.