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Bărbulescu v. Romania
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Right to respect for private and family life — European Convention on Human Rights, 1950 — Article 8 — Applicability — Whether communications in workplace covered by concepts of “private life” and “correspondence” — Compliance with Article 8 — Employment — Personal data — Data protection — Electronic communications — Whether case concerning State’s negative or positive obligations — Whether respondent State required to set up legislative framework to protect applicant’s right in context of professional relationship with private employer — Margin of appreciation — Whether domestic authorities adequately protecting applicant’s right — Whether striking fair balance between interests of individual and community as whole — Whether respondent State violating Article 8 of Convention
Damages — Non-pecuniary damage — Finding of violation of Article 8 of European Convention on Human Rights, 1950 — Whether applicant suffering non-pecuniary damage — Whether finding of violation constituting in itself sufficient just satisfaction — Article 41 of Convention
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- © Cambridge University Press 2020