ABSTRACT
As different Courts with different mandates and jurisdictions, the CJEU do consider various rights limitations under Article 8 of the ECHR, as interpreted by the ECtHR. This research found that the CJEU and ECtHR strive to live up to expectations under current data protection laws. However, their jurisprudence seems to fall short of providing effective judicial protection for data subjects. A reason for this is the fact that the ECtHR for example seems to minimize the right to data protection as a fundamental right. If the ECHR does not envisage fundamental rights to include digital rights, other jurisprudence and legal reasoning arising therefrom will limit itself and subsume the rights of data subjects under other extraneous competing rights. The result of this judicial distillation is a rather diluted protection of data subjects. A reform could address this major setback for the Court.
Wachukwu, Michael, Protection of Digital Rights in Data, Cyber and AI governance (February 9, 2026).
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