The Cost of Free Speech: Is Your Personal Data Safe?
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Leon Esrae Trakman
Abstract
This article examines the supremacy accorded to free speech by the First Amendment of the American Constitution and in contrast, the European Union’s 2018 General Data Protection Regulation [GDPR] that highlights data protection. It compares speech as a fundamental human right in US law with the GDPR that champions individual and social rights in personal data as constraints upon speech action. It evaluates US and EU law in light of the history of the law of privacy and the protection of personal information, as is reflected in the International Covenant on Civil and Political Rights [ICCPR]. The article concludes by proposing a uniform and consistent regime for limiting freedom of expression in an era of mass exposure of personal data to harmful online dissemination on the global Internet of Things [IoT].
© 2022 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Articles
- The Cost of Free Speech: Is Your Personal Data Safe?
- Constitutional Courts’ Helpdesk: The Venice Commission’s Advisory Role in Constitutional Adjudication
- Notes and Essays
- Conscientious Objection to Compulsory Vaccination? Lessons from the Case-Law of the European Court of Human Rights and a Test Employed by the Czech Constitutional Court
- Acknowledgement
- Acknowledgement
Articles in the same Issue
- Frontmatter
- Articles
- The Cost of Free Speech: Is Your Personal Data Safe?
- Constitutional Courts’ Helpdesk: The Venice Commission’s Advisory Role in Constitutional Adjudication
- Notes and Essays
- Conscientious Objection to Compulsory Vaccination? Lessons from the Case-Law of the European Court of Human Rights and a Test Employed by the Czech Constitutional Court
- Acknowledgement
- Acknowledgement
