BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

While this national law of data protection is not approved, it is necessary to consider some important international initiatives that can assist in the study of the subject, to the extent that deal with the data protection as a question inserted in the sphere of human rights. Following this perspective, Doneda 29 highlights the Convention of Strasbourg nº 108/ /1981 as an important milestone for approaching the issue from the perspective of fundamental rights, because in its own preamble the Convention provides that the protection of personal data is directly linked to the protection of human rights and fundamental freedoms. 30 In the sequence, approved in 1995, came to Directive 95/46/EC of the European Parliament and of the Council of the European Union, which regulates the processing of personal data and the free movement of such data in the framework of the European Community, also with a focus on fundamental rights. 31 In 1997, emerged the Directive nº 97/66, concerning the processing of personal data and the protection of privacy in the telecommunications sector. 32 And, in 2002, was drafted the Directive nº 2002/58, dedicated to the processing of personal data and the protection of privacy in the electronic communications sector. According to Doneda 33 these Directives represent “a minimum standard of protection throughout the European Union,” developed from the experience of some European countries that had already legislated on the matter. Finally, the Charter of Fundamental Rights of the European Union, a document that contains provisions on human rights, proclaimed on 7 December 2000, as another important document that deals, in particular Article 8 thereof, with the protection of personal data. 34 Outside of the European continent, the Ibero-American countries, in order to boost the creation of frameworks and consolidate a culture of protection of personal data, 30 According to the Preamble of the Convention nº 108/1981: ”The Member States of the Council of Europe, signatory to the present Convention: Whereas the purpose of the Council of Europe is to achieve an ever closer union among its members, in particular respect for the supremacy of law, as well as human rights and fundamental freedoms; Whereas desirable to extend the protection of the rights and freedoms of all people, in particular the right to respect for private life, taking into consideration the increasing flow, across borders, of personal data capable of processing; At the same time reaffirming its commitment to freedom of information without frontiers; Recognizing the need to reconcile the fundamental values of respect for private life and the free flow of information between peoples, have agreed as follows: [...]”. 31 In this sense, it is mentioned in Article 1, item 1, of Directive 95/46/EC, according to which: ”Member States shall ensure, in accordance with this Directive, the protection of individuals’ fundamental rights and freedoms, notably the right to privacy, with regard to the processing of personal data.” 32 This Directive is no longer in force. It was repealed and replaced by Directive 2002/58. 33 DONEDA, D. From privacy protection of personal data . Rio de Janeiro: Renovar, 2006, p. 227. 34 The article 8 of the Charter of Fundamental Rights of the European Union provides: ”1. All people have a right to protection of personal data which concern them. 2. These data must be processed fairly for specific purposes and with the consent of the person concerned or some other legitimate basis laid down by law. All persons have the right of access to data which has been collected concerning them and to obtain the correction. 3. Compliance with these rules is subject to monitoring by an independent authority.” 29 DONEDA, D. The protection of personal data as a fundamental right. Legal Space: Journal Of Law , Joaçaba, 2011, v. 12, n. 2, p. 102.

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