The guardianship of digital privacy: the dialogue between the Court of Justice of the European Union and national jurisdictions

This article, after a brief reference to Articles 7 and 8 of the Charter of fundamental rights of the European Union and to the manner in which such provisions were interpreted in the first stage of the case law of the Court of Luxembourg, focuses on the reasoning of the Court in the decisions under examination. The article highlights, in particular, the role played by the provisions of the Charter in the reasoning of the judges and its impact on the final decisions taken by the Court. The concluding remarks then analyze the consequences which seem to derive from the assessment made by the Court of Justice, when it focuses on the digital domain instead of the analog, which translate into a reduction in the level of protection of certain fundamental rights.