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All in all, this necessary complementarity between the two rights stems from
their shared nature as regulatory human rights. As such, they are each the
materialisation of a specific aspect of negative freedom. Therefore, they protect
different dimensions of this negative freedom, and that is the reason why their
combination will lead to a protection of negative freedom that is as comprehensive
as possible.
Given that the protection of the individual will benefit from the
complementarity of DP and AD , it might be interesting to think about the skilful
use that can be made of the specificities of each legal regime. As noted in supra ,
4.5, DP features a bundle of fully-fledged subjective rights, whereas AD puts the
emphasis on the efficiency of the judicial framework. Therefore, in seeking the
best possible protection, the individual could follow a two-step approach that
builds upon the strengths of each right. Following this approach, the individual
would first use DP to ask for access to, and erasure of the data. In case the results
were not satisfying, he/she could then go to court with the aid of the subjective
rights granted by AD .
Recent developments of data processing practices such as automated decision-
making in databases lead us to think that issues of discrimination will increasingly
come to the fore. It is therefore crucial to have a good understanding of the way in
which both data protection and anti-discrimination operate, so as to grant the best
possible protection to the individual. The foregoing lays some first elements of
reflexion. However, this is work that needs to be further continued.
a. EuropeanUnion
Directive 79/7/EEC, on the progressive implementation of the principle of equal treatment
for men and women in matters of social security. Official Journal L006/24 (January 10,
Directive 92/85/EEC, on the introduction of measures to encourage improvements in the
safety and health at work of pregnant workers and workers who have recently given
birth or are breastfeeding. Official Journal L348/01 (November 28, 1992)
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on
the protection of individuals with regard to the processing of personal data and on the
free movement of such data. Official Journal L281/31 (November 23, 1995)
Treaty Establishing the European Community (TEC). Official Journal C340/01 (November
10, 1997)
Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal
treatment between persons irrespective of racial or ethnic origin. Official Journal
L180/22 (July 19, 2000)
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for
equal treatment in employment and occupation. Official Journal L303/16 (December 2,
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