ABSTRACT

Almost without exception, data protection regulations and legislation the world over have at their core privacy considerations. Nineteenth century privacy considerations linked to – it is important to note – technological changes in, amongst other things, press and personal photography, may well be the acorns from which have grown the royal oaks of contemporary data privacy. Together with the guidelines on privacy protection of the OECD, the Council of Europe's convention offers an international standard for data protection. Privacy and data protection, despite attempts to separate the two conceptually in terms, for example, of a difference between the value of information and sensitivity of the information, remained stubbornly conjoined. In Europe and the United States there remains a dialogue, notably between the Californian Consumer Privacy Act and General Data Protection Regulation, albeit one yet to find common ground on alignments of privacy and protection, nor a settled or considerable understanding of the data subject.