Libertades
Artículo 7 - Respeto de la vida privada y familiar
Toda persona tiene derecho al respeto de su vida privada y familiar, de su domicilio y de sus comunicaciones.
Los derechos garantizados en el artículo 7 corresponden a los que garantiza el artículo 8 del CEDH. A fin de tener en cuenta la evolución técnica, se ha sustituido la palabra `correspondencia` por `comunicaciones`.De conformidad con lo dispuesto en el apartado 3 del artículo 52, este derecho tiene el mismo sentido y alcance que en el artículo correspondiente del CEDH. Como consecuencia de ello, las limitaciones de que puede ser objeto legítimamente son las mismas que las toleradas en el marco del referido artículo 8: `1. Toda persona tiene derecho al respeto de su vida privada y familiar, de su domicilio y de su correspondencia. 2. No podrá haber injerencia de la autoridad pública en el ejercicio de este derecho, sino en tanto en cuanto esta injerencia esté prevista por la ley y constituya una medida que, en una sociedad democrática, sea necesaria para la seguridad nacional, la seguridad pública, el bienestar económico del país, la defensa del orden y la prevención del delito, la protección de la salud o de la moral, o la protección de los derechos y las libertades de los demás.`
Chapter 1 - Basic Principles of the Form of Government: Article 2 (...) The public institutions shall promote the ideals of democracy as guidelines in all sectors of society and protect the private and family lives of the individual. (...) Chapter 2 - Fundamental Rights and Freedoms; Article 6 Everyone shall be protected in their relations with the public institutions against any physical violation also in cases other than cases under Articles 4 and 5. Everyone shall likewise be protected against body searches, house searches and other such invasions of privacy, against examination of mail or other confidential correspondence, and against eavesdropping and the recording of telephone conversations or other confidential communications. In addition to what is laid down in paragraph one, everyone shall be protected in their relations with the public institutions against significant invasions of their personal privacy, if these occur without their consent and involve the surveillance or systematic monitoring of the individual’s personal circumstances.
1 kapitlet - Statskickets grunder: 2 § (...)Det allmänna ska verka för att demokratins idéer blir vägledande inom samhällets alla områden samt värna den enskildes privatliv och familjeliv. 2 kapitlet - Grundläggande fri- och rättigheter: 6 § Var och en är gentemot det allmänna skyddad mot påtvingat kroppsligt ingrepp även i andra fall än som avses i 4 och 5 §§. Var och en är dessutom skyddad mot kroppsvisitation, husrannsakan och liknande intrång samt mot undersökning av brev eller annan förtrolig försändelse och mot hemlig avlyssning eller upptagning av telefonsamtal eller annat förtroligt meddelande. Utöver vad som föreskrivs i första stycket är var och en gentemot det allmänna skyddad mot betydande intrång i den personliga integriteten, om det sker utan samtycke och innebär övervakning eller kartläggning av den enskildes personliga förhållanden.
(57) This Regulation fully respects the fundamental rights and safeguards, and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’), in particular the right to respect for private and family life and the right to the protection of personal data as provided for by Articles 7 and 8 of the Charter, as well as by Article 16 TFEU. Given the importance of the processing of personal data for the work of law enforcement in general, and for the support provided by Europol in particular, this Regulation should include enhanced safeguards, democratic oversight and accountability mechanisms, to ensure that the activities and tasks of Europol are carried out in full compliance with fundamental rights as enshrined in the Charter, in particular the rights to equality before the law, to non-discrimination, and to an effective remedy before the competent national court against any of the measures taken pursuant to this Regulation. Any processing of personal data under this Regulation should be limited to that which is strictly necessary and proportionate, and subject to clear conditions, strict requirements and effective supervision by the EDPS.
[...]
(30) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union (‘Charter’). Accordingly, this Regulation should be interpreted and applied in accordance with those rights and principles, in particular the right to respect for private and family life, the right to protection of personal data, the right to freedom of expression, the freedom to conduct a business and the right to property, including intellectual property. Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter, and it is essential that such processing be in compliance with Directives 95/46/EC and 2002/58/EC. In particular, providers of online content services should ensure that any processing of personal data under this Regulation is necessary, reasonable and proportionate in order to achieve the relevant purpose. Where authentication of a subscriber is sufficient in order to provide the service, identification of the subscriber should not be required. Data collected pursuant to this Regulation for the purposes of verification of the Member State of residence should not be stored by the provider longer than necessary to complete such verification. Such data should be immediately and irreversibly destroyed after the verification is completed. However, this is without prejudice to the storage of data which was collected for another legitimate purpose, subject to applicable data protection rules, including rules concerning the storage of that data.
Article 1
Subject matter
This Regulation strengthens the security standards applicable to identity cards issued by Member States to their nationals and to residence documents issued by Member States to Union citizens and their family members when exercising their right to free movement.
(73) This Regulation respects fundamental rights and observes the principles recognised in the Charter, in particular Articles 7, 9, 17, 21 and 47 concerning, respectively, respect for private and family life, the right to marry and to found a family according to national laws, property rights, the principle of non-discrimination and the right to an effective remedy and to a fair trial. This Regulation should be applied by the courts and other competent authorities of the Member States in compliance with those rights and principles.
Subject matter and scope
1. This Regulation lays down temporary and strictly limited rules derogating from certain obligations laid down in Directive 2002/58/EC, with the sole objective of enabling providers of certain number-independent interpersonal communications services (‘providers’) to use, without prejudice to Regulation (EU) 2016/679, specific technologies for the processing of personal and other data to the extent strictly necessary to detect online child sexual abuse on their services and report it and to remove online child sexual abuse material from their services.
2. This Regulation does not apply to the scanning of audio communications.
Purpose
This Directive aims to achieve a more balanced representation of women and men among the directors of listed companies by establishing effective measures that aim to accelerate progress towards gender balance, while allowing listed companies sufficient time to make the necessary arrangements for that purpose.
The purpose of this Directive is to enhance the enforcement of Union law and policies in specific areas by laying down common minimum standards providing for a high level of protection of persons reporting breaches of Union law.
Article 4
Equality, rights and gender equality strand
Within the general objective set out in Article 2(1) and within the specific objective set out in point (b) of Article 2(2), the Programme shall focus on:
(1) promoting equality and preventing and combating inequalities and discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and respecting the principle of non-discrimination on the grounds provided for in Article 21 of the Charter;
(1) The protection of natural persons in relation to the processing of personal data is a fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) and Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) provide that everyone has the right to the protection of personal data concerning him or her. This right is also guaranteed under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
(74) The supervisory competence of the European Data Protection Supervisor should not cover the processing of personal data by the Court of Justice when acting in its judicial capacity, in order to safeguard the independence of the Court in the performance of its judicial tasks, including decision-making. For such processing operations, the Court should establish independent supervision, in accordance with Article 8(3) of the Charter, for example through an internal mechanism.
Article 34
Risk assessment
1. Providers of very large online platforms and of very large online search engines shall diligently identify, analyse and assess any systemic risks in the Union stemming from the design or functioning of their service and its related systems, including algorithmic systems, or from the use made of their services.
They shall carry out the risk assessments by the date of application referred to in Article 33(6), second subparagraph, and at least once every year thereafter, and in any event prior to deploying functionalities that are likely to have a critical impact on the risks identified pursuant to this Article. This risk assessment shall be specific to their services and proportionate to the systemic risks, taking into consideration their severity and probability, and shall include the following systemic risks:
(b) any actual or foreseeable negative effects for the exercise of fundamental rights, in particular the fundamental rights to human dignity enshrined in Article 1 of the Charter, to respect for private and family life enshrined in Article 7 of the Charter, to the protection of personal data enshrined in Article 8 of the Charter, to freedom of expression and information, including the freedom and pluralism of the media, enshrined in Article 11 of the Charter, to non-discrimination enshrined in Article 21 of the Charter, to respect for the rights of the child enshrined in Article 24 of the Charter and to a high-level of consumer protection enshrined in Article 38 of the Charter;
1. The Parliamentary Assembly is deeply concerned about growing political discourse and action against foreigners, which are a real threat to the protection of refugees and in particular their family life. Families must not be torn apart and should not be prevented from reuniting after an often dangerous and challenging departure from their country of origin, where their fundamental rights to safety and security were threatened.
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Article 8 – Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 16
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.
2. The child has the right to the protection of the law against such interference or attacks.
1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;
(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;
(g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
Article 22 – Respect for privacy
1. No person with disabilities, regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation. Persons with disabilities have the right to the protection of the law against such interference or attacks.
2. States Parties shall protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others.
Resolution adopted by the General Assembly on 19 December 2018
C. Right to privacy and family life ‘34. Article 12 of the Universal Declaration on Human Rights provides that “[n]o one shall be subjected to arbitrary interference with his privacy, family, home or correspondence.” A similar provision is found in Article 17(1) of the International Covenant on Civil and Political Rights and in other United Nations instruments. This right has been interpreted broadly, encompassing inter alia the protection against forced evictions, the demolition of homes or property, the destruction of traditional burial grounds, and the expulsion of foreigners. The right to family life also applies in relation to persons deprived of liberty, who should be allowed to communicate with their families, subject only to reasonable restrictions established by law. 35. The right to family life is reflected in the general preference for preserving the family unit and non-separation of its members, particularly dependent members. The Convention on the Rights of the Child affirms the right of children not to be separated from their parents against their will, except where “necessary for the best interest of the child,” such as in cases of abuse or neglect (art. 9.1), following a judicial determination to this effect. Children deprived of their family environment should be provided alternative care (art. 20), and, whenever possible, to have contact with their parents (art. 9(3)). According to article 23(4) of the Convention on the Rights of Persons with Disabilities, in no case shall a child be separated from parents on the basis of a disability of either the child or one or both of the parents. 36. The Convention on the Rights of Migrant Workers and their Families requires States to ensure “the protection of the unity of the families,” including by facilitating the reunification of documented migrants with their spouses and dependent children (art. 44). The Convention on the Rights of the Child urges State Parties to deal with such requests in a “positive, humane and expeditious manner” (art. 10).‘