The Protection of Personal Data as a Fundamental Right: Constitutional Perspectives on Privacy in the Digital Society

Abstract

The expansion of digital technologies has transformed the manner in which personal information is collected, processed, stored and exchanged. Governments, corporations and digital platforms routinely process extensive quantities of personal data, creating significant benefits while simultaneously generating risks for individual autonomy and privacy. This article examines the constitutional foundations of personal data protection and its development as a distinct dimension of the right to privacy. Adopting a comparative doctrinal approach, the article considers the principles of legality, purpose limitation, data minimisation, transparency, proportionality and effective remedies. It argues that conventional privacy protections alone may be insufficient in an environment characterised by large-scale data aggregation, algorithmic profiling and automated decision-making. Personal data protection should therefore be understood not merely as a regulatory obligation but as an important component of fundamental rights protection. The article further examines the responsibilities of public authorities and private organisations and considers the challenges created by artificial intelligence and cross-border data transfers. It concludes that effective data protection requires a combination of constitutional safeguards, detailed legislation, independent oversight and accessible remedies for individuals.