It is paradoxical that digital technologies both increase and reduce the intangible private space of individuals. An increase in the intangible private space of individuals can be observed through the extension of the expression of their private lives in the digital space, enabled by new technologies and connected objects. However, a reduction in immaterial private space can also be observed, given that at the same time as this space is expanding, it is also facilitating the capacity of new technologies to refine the categorisation of individuals into profiles in a predictive manner (1). Indeed, both algorithmic categorisation and profiling, which pursue a variety of aims (commercial, social or security-related), carry the risk of reducing intangible private space. This is because they are techniques that limit personal self-determination and equality between individuals in the exercise of various rights and freedoms. Consequently, an examination of the legal protection of immaterial private space reveals that its guarantee is constrained by the initial conceptual paradox. While the expansion of immaterial private space has resulted in enhanced protection through the establishment of a novel fundamental right (the right to the protection of personal data, Article 8 of the Charter of Fundamental Rights of the European Union (CFREU)), the actualisation of this right nevertheless entails the legitimisation of its own infringement. Indeed, the protection of personal data purports to safeguard one (enhanced intangible private space) while justifying the other (diminished intangible private space). This predicament can be attributed to the absence of a clear definition of this novel fundamental right and its interrelationship with other fundamental rights. In light of this paradoxical framework (emanating from the legal balancing of competing interests), characterised by a 'fundamentalisation' of intangible private space protection,