The EU fundamental right to the protection of personal data is derived from Art. 8 of the Charter of Fundamental Rights of the European Union. It is effective since the entry into force of the Treaty of Lisbon in all Member States together with the fundamental rights provided for by national constitutions. According to the correct view, it may only be applied during the domestic application of the Union law. Thereby, it is, according to the worldly view, of a higher-ranking nature, in comparison with the legislation of the Member States, provided that such rights are based on European law or are subject to fundamental rights and fundamental freedoms (1).
Under Art. 8 (1) of the Charta of Fundamental Rights, every person has the right to the protection of the personal data concerning them. Art. 8 (1) sentence 1 of the Charta of Fundamental Rights requires that personal data may only be processed in good faith for defined purposes and with the consent of the data subject or on another legitimate basis established by law. According to the sentence 2 of Art. 8 (II) of the Charta of Fundamental Rights, each person has the right to obtain information on the collected data concerning him and the right to have it rectified. Compliance with the above is supervised by an independent body, according to Art. 8 (III) of the Charta of Fundamental Rights. Consequently, the basic right must have a deep meaning.