What is Article 8 protection of personal data?
Asked by: Prof. Rahsaan Gislason | Last update: February 5, 2026Score: 4.6/5 (31 votes)
Article 8 protection of personal data refers to the fundamental right to privacy and data protection, primarily established in the EU Charter of Fundamental Rights, ensuring data is processed fairly, for specific purposes, with consent or legal basis, and under independent control, with a key component being the General Data Protection Regulation (GDPR) which outlines detailed rules for data handling, including special provisions for children's data, as well as the European Convention on Human Rights (ECHR) that protects private and family life.
What is Article 8 in simple terms?
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; ArtI.S8.C1.1 Taxing Power.
What is the Article 8 of the data Protection Act?
Article 8 of the UK GDPR sets the age at which children can consent to the processing of their personal data in the context of an ISS at 13 years old.
Does Article 8 apply to everyone?
Article 8: Right to privacy
Everyone has the right to respect for his private and family life, his home and his correspondence.
What are the 8 main principles of the data Protection Act?
Lawfulness, fairness, and transparency; ▪ Purpose limitation; ▪ Data minimisation; ▪ Accuracy; ▪ Storage limitation; ▪ Integrity and confidentiality; and ▪ Accountability. These principles are found right at the outset of the GDPR, and inform and permeate all other provisions of that legislation.
Article 8 explained
What is the Data Protection Act in simple terms?
The Act works in two ways: it provides individuals with rights, including the right to know what information is held about them and the right to access that information. it states that anyone who processes personal information must comply with the principles in the Act.
What 8 data protection rights does GDPR provide to individuals?
The GDPR has a chapter on the rights of data subjects (individuals) which includes the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to object and the right not to be subject to a decision based solely on automated ...
What is Article 8 in one word?
Article 8 of Indian Constitution grants Indian citizenship to persons of Indian origin residing abroad, allowing them to travel to India without the need for a visa.
What are some examples of privacy violations?
Data privacy laws impact businesses that collect, process, and/or use consumer personal information. Some of the most common privacy violations include insufficient legal basis for data processing, unclear privacy notification details, and data breaches.
What is the Article 8 confidentiality?
The Article 8 right reflects the common law duty of confidentiality in that patient information should only be disclosed with that patient's consent. If information is inappropriately disclosed the individual can take legal action for breach against the public body concerned.
What counts as personal data?
In practice, these also include all data which are or can be assigned to a person in any kind of way. For example, the telephone, credit card or personnel number of a person, account data, number plate, appearance, customer number or address are all personal data.
What are the three rules of the Data Protection Act?
Data Protection Act 1998 principles
Principle 1 – Fair and Lawful. Principle 2 – Purposes. Principle 3 – Adequacy.
What is data protection in simple words?
Data protection is the process of protecting sensitive information from damage, loss, or corruption. As the amount of data being created and stored has increased at an unprecedented rate, making data protection increasingly important.
What is the main purpose of the 8th Amendment?
Protection against cruel and unusual punishments is at the heart of the Eighth Amendment. It ensures that punishments inflicted by the state remain humane and proportional to the offense committed. The amendment does not explicitly define what constitutes unconstitutional, “cruel and unusual” punishments.
What is the Article 8 law?
Article 8 - the right to respect for your family and private life, your home and your correspondence is one the rights protected by the Human Rights Act. Read this page to find out more about what this right means under the Human Rights Act.
What is an example of the right to privacy?
For example, individuals may assert a privacy right to be “let alone” when the press reports on their private life or follows them around in an intrusive manner on public and private property.
Why is my iPhone saying my password appeared in a data leak?
An iPhone data leak password alert means one of your saved passwords was found in a list of credentials exposed in a third-party data breach, not necessarily from your iPhone itself. It warns you that hackers might try to use that leaked email/password combination to access your other accounts, so you should immediately change the password on the affected website or app, using Apple's built-in tools for help.
What is the most common privacy violation?
What are the 10 Most Common HIPAA Violations?
- Insufficient ePHI Access Controls. ...
- Failure to Use Encryption or an Equivalent Measure to Safeguard ePHI on Portable Devices. ...
- Exceeding the 60-Day Deadline for Issuing Breach Notifications. ...
- Impermissible Disclosures of Protected Health Information. ...
- Improper Disposal of PHI.
What are the three types of personal data breach?
There are three kinds of personal data breaches:
- Confidential breach. Unauthorised or accidental disclosure of, or access to, personal data.
- Integrity breach. Unauthorised or accidental alteration of personal data.
- Availability breach. Accidental or unauthorised loss of access to, or destruction of personal data.
What does Article 8 of the Human rights mean?
Article 8 of the UDHR outlines the right to effective remedy (repair) – a person's right to seek justice and remedy if their rights have been violated. Effective remedy can take many forms, including (but not limited to): Financial or other compensation. Changing laws or procedures.
Do I have a right to privacy in my own home?
One of the most important principles of American constitutional law is the idea that individuals in the United States have a reasonable expectation of privacy – that is, a right to be free from invasion in their own private space (for example, the home that they own or the apartment that they rent), whether that ...
Is Article 8 part of human rights law?
Article 8 of the HRA provides the right to respect for private and family life, home, and correspondence. It is a qualified right, underpinned by the core HRA principle of proportionality and therefore can be dynamically interpreted.
What is considered a person's personal data?
Personal data can cover various types of information, such as name, date of birth, email address, phone number, address, physical characteristics, or location data – once it is clear to whom that information relates, or it is reasonably possible to find out.
What are 10 examples of sensitive personal information?
Definition of Sensitive Personal Information
- Racial or ethnic origin.
- Political opinions.
- Religious or philosophical beliefs.
- Trade union membership.
- Genetic data.
- Biometric data.
- Health data.
- Sexual orientation or sex life.
Is sharing someone's personal information illegal?
Sharing someone's personal information isn't always illegal, but it can become unlawful if it involves "doxing" (revealing private info to cause harm), sharing intimate images without consent, violating specific laws like HIPAA or FERPA (for health/student data), or results in defamation, harassment, or fraud, with penalties depending on the specific harm and jurisdiction. It's a complex area where public vs. private facts, intent, and context (like employment or health) matter significantly.