This article considers the question of legal basis of the data protection in the world while and exactly in the European continent. Special attention is paid to the question of personal data as a part of human rights and how the ECHR is dealing with protection of it. The author analyzed a list of different type of issues related to the question of personal data and how they are protected under the Article 8 of the ECHR. In conclusion, we proposed some measures that may improve institute of personal data protection in general.