From universal towards child-specific protection of the right to privacy online: Dilemmas in the EU General Data Protection Regulation

2017 ◽  
Vol 19 (5) ◽  
pp. 765-779 ◽  
Author(s):  
Milda Macenaite
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Best Interests ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
Average Child ◽  
The Right To Privacy ◽  
General Data ◽  
The Right ◽  
The Eu

The new European Union (EU) General Data Protection Regulation aims to adapt children’s right to privacy to the ‘digital age’. It explicitly recognizes that children deserve specific protection of their personal data, and introduces additional rights and safeguards for children. This article explores the dilemmas that the introduction of the child-tailored online privacy protection regime creates – the ‘empowerment versus protection’ and the ‘individualized versus average child’ dilemmas. It concludes that by favouring protection over the empowerment of children, the Regulation risks limiting children in their online opportunities, and by relying on the average child criteria, it fails to consider the evolving capacities and best interests of the child.

scholarly journals Uchybienie przepisom o ochronie danych osobowych jako naruszenie dobra osobistego – analiza na przykładzie orzecznictwa Sądu Najwyższego

2019 ◽  
pp. 245-259
Author(s):  
Bernard Łukanko
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Right To Privacy ◽  
Professional Literature ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
General Data ◽  
The Right ◽  
Personal Interests

The study is concerned with the issue of mutual relationship between the failure to comply with the laws on personal data protection and regulations relating to the protection of personal interests, including in particular the right to privacy. The article presents the views held by the Supreme Court with respect to the possibility of considering acts infringing upon the provisions of the Personal Data Protection Act of 1997 (after 24 May 2018) and of the General Data Protection Regulation (after 25 May 2018) as violation of personal interests, such as the right to privacy. The author shared the view of the case law stating that, if in specifc circumstances the processing of personal data violates the right to privacy, the party concerned may seek remedy on the grounds of Articles 23 and 24 of the Polish Civil Code. This position isalso relevant after the entry into force of the GDPR which, in a comprehensive and exhaustive manner, directly applicable in all Member States, regulates the issue of liability under civil law for infringements of the provisions of the Regulation, however, according to the position expressed in professional literature, it does not exclude the concurrence of claims and violation of the provisions on the protection of personal interests caused by a specifc event. In case of improper processing of personal data, the remedies available under domestic law on the protection of personal interests may be of particular importance outside the subject matter scope of the GDPR applicability. 

scholarly journals The Right to Privacy—A Fundamental Right in Search of Its Identity: Uncovering the CJEU’s Flawed Concept of the Right to Privacy

2019 ◽  
Vol 20 (05) ◽  
pp. 722-733 ◽  
Author(s):  
Valentin M. Pfisterer
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
The Political ◽  
Strong Impact ◽  
Right To Privacy ◽  
Eu Member States ◽  
The Right To Privacy ◽  
The Right ◽  
The Eu

AbstractIn recent years, the CJEU has impressively brought to bear the protection of the fundamental rights to privacy and protection of personal data as contained in the CFREU. The Court’s decisions in the Digital Rights, Schrems, Tele2, and PNR cases have reshaped the political and legal landscape in Europe and beyond. By restricting the powers of the governments of EU Member States and annulling legislative acts enacted by the EU legislator, the decisions had, and continue to have, effects well beyond the respective individual cases. Despite their strong impact on privacy and data protection across Europe, however, these landmark decisions reveal a number of flaws and inconsistencies in the conceptualization of the rights to privacy and protection of personal data as endorsed and interpreted by the CJEU. This Article identifies and discusses some of the shortcomings revealed in the recent CJEU privacy and data protection landmark decisions and proposes to the CJEU a strategy aimed at resolving these shortcomings going forward.

scholarly journals Can the Internet Forget? – Rhe Eight to be Forgotten in the EU Law and its Actual Impact on the Internet. Comparison of the Approaches Towards the Notion and Assessment of its Effectiveness

2020 ◽  
Vol 9 (1) ◽  
pp. 86-101
Author(s):  
Aleksandra Gebuza
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The Internet ◽  
Eu Law ◽  
General Data Protection Regulation ◽  
Actual Impact ◽  
Right To Be Forgotten ◽  
General Data ◽  
The Right ◽  
The Eu

AbstractThe main aim of the article is to provide analysis on the notion of the right to be forgotten developed by the CJEU in the ruling Google v. AEPD & Gonzalez and by the General Data Protection Regulation within the context of the processing of personal data on the Internet. The analysis provides the comparison of approach towards the notion between European and American jurisprudence and doctrine, in order to demonstrate the scale of difficulty in applying the concept in practice.

PROTECTION OF THE RIGHT TO PRIVACY AT WORK IN THE PERIOD OF DYNAMICALLY DEVELOPING TECHNOLOGIES – TODAY AND TOMORROW

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 335-353
Author(s):  
Weronika Kupny
Keyword(s):  
Privacy Protection ◽  
Technology Development ◽  
Personal Data ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
The Right To Privacy ◽  
General Data ◽  
The Right ◽  
The Impact ◽  
Modern Technologies

The protection of the right to privacy is one of the basic human rights and as a fundamental subject in most modern laws. Legal systems extend the privacy protection instruments to a significant extent, but at the same time they find reasons to strongly interfere in this area. Certainly, the dynamic development of modern technologies does not help the legislator to find a comprehensive solution. The article deals with the subject of privacy protection in the employment relationship on the area of innovation, technology development. In this study, the author also compares the impact of the use of modern technologies in the workplace today – in the light of the applicable regulations and tomorrow – taking into account enactment of Regulation (EU) 2016/679 of European Parlliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealinf Directive 95/46/EC (General Data Protection Regulation).

scholarly journals DECONSTRUCTING DATA PROTECTION: THE ‘ADDED-VALUE’ OF A RIGHT TO DATA PROTECTION IN THE EU LEGAL ORDER

2014 ◽  
Vol 63 (3) ◽  
pp. 569-597 ◽  
Author(s):  
Orla Lynskey
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
Added Value ◽  
The European Union ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Individual Personality ◽  
The Right ◽  
The Eu

AbstractArticle 8 of the EU Charter of Fundamental Rights sets out a right to data protection which sits alongside, and in addition to, the established right to privacy in the Charter. The Charter's inclusion of an independent right to data protection differentiates it from other international human rights documents which treat data protection as a subset of the right to privacy. Its introduction and its relationship with the established right to privacy merit an explanation. This paper explores the relationship between the rights to data protection and privacy. It demonstrates that, to date, the Court of Justice of the European Union (CJEU) has consistently conflated the two rights. However, based on a comparison between the scope of the two rights as well as the protection they offer to individuals whose personal data are processed, it claims that the two rights are distinct. It argues that the right to data protection provides individuals with more rights over more types of data than the right to privacy. It suggests that the enhanced control over personal data provided by the right to data protection serves two purposes: first, it proactively promotes individual personality rights which are threatened by personal data processing and, second, it reduces the power and information asymmetries between individuals and those who process their data. For these reasons, this paper suggests that there ought to be explicit judicial recognition of the distinction between the two rights.

scholarly journals Convention 108: Present importance and implementation

2020 ◽  
pp. 99-110
Author(s):  
Arben Murtezić
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Government Officials ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
European Court ◽  
General Data ◽  
The Right ◽  
The Relationship

The purpose of this paper is to highlight the significance of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108) in the overall system of personal data protection, especially from the perspective of non-EU countries that are members of the Council of Europe. This is attempted primarily through the evaluation of correlation between the Convention 108 and ECHR and GDPR in its segment that regulates relationship between the EU and third countries. The interest for the issue of personal data protection has been increasing among legal and ICT professionals, academics, government officials and even a general public over the years. This has been particularly intensified by adopting General Data Protection Regulation (GDPR). However, the adoption of the GDPR did not diminish importance of the Convention 108. On the contrary, it seems that the 'adequacy' principle regarding the third countries proclaimed by the GDPR, stresses its importance. The paper begins with the brief overview of the Convention 108 principles and the modernization that is brought by Protocol of 2018, which coincides with the entry into force of much-mentioned GDPR. It continues with analysis of the relationship between the GDPR and Convention 108, with focus on elements decisively influencing the assessment of the adequacy of the level of protection. Even though there is no sign of equivalence between the right to privacy and personal data protection these matters inevitably intersect in practice. Therefore, the final section of the text summarizes the cases of the European Court of Human Rights invoking Convention 108, with the aim to demonstrate how it is interpreted by the highest judicial instance in Europe.

AN UPDATE ON THE RIGHT TO BE FORGOTTEN AS A PRINCIPLE OF PERSONAL DATA PROTECTION IN EUROPEAN UNION

2021 ◽  
pp. 99-109
Author(s):  
MARIJANA MLADENOV ◽  
JELENA STOJŠIĆ DABETIĆ
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
Right To Be Forgotten ◽  
The Right

Should we consider the right to be forgotten as a threat to free speech or the mechanism of the right to privacy? This most controversial element of the right to privacy and personal data protection caused the global debate on privacy and freedom of speech. Despite the fact that the right to be forgotten is codified in Article 17 of the General Data Protection Regulation and that fundamental postulates of this right were defined in Google v. Spain, there still remain unresolved issues. In order to gain a clear idea of the content of the right to be forgotten, as the principle of data protection in accordance with the latest European perspective, the subject matter of the paper refers to analyses of the developments of this right in the light of relevant regulations, as well as of the jurisprudence of the Court of Justice of the European Union (CJEU). The article firstly provides an overview of the concept of the right to be forgotten, from the very early proposals that gave rise to it, to the latest ones contained in recent regulations. Furthermore, the special attention is devoted to the new standards of the concept of the right to be forgotten from the aspect of recent rulings of the CJEU, GC et al v. CNIL and CNIL v. Google. Within the concluding remarks, the authors highlight the need for theoretical innovation and an adequate legal framework of the right to be forgotten in order to fit this right within the sociotechnical legal culture. The goal of the article is to provide insight regarding the implementation of the right to be forgotten in the European Union and to identify the main challenges with respect to the issue.

scholarly journals Prywatność pacjenta jako dobro osobiste. Nowe wyzwania w świetle regulacji RODO

2019 ◽  
pp. 361-373
Author(s):  
Iwona Wrześniewska-Wal ◽  
Lidia Janiszewska
Keyword(s):  
Data Protection ◽  
Initial Period ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
The Right To Privacy ◽  
Personal Rights ◽  
General Data ◽  
The Right

The article discusses the issue of changes in the catalog of legal instruments, which can be used by a patient when a violation of the principles ofprocessing his personal rights occurs, in the context of the application of theEU General Data Protection Regulation (GDPR). It draws attention to theextension of the catalog of available legal instruments in the feld of personaldata protection and the presents of other mechanisms aimed at protectingthe rights of patients, including the right to privacy. The authors expressa belief that, especially the administrative mode can be widely used by patients in the initial period of application of the General Data Protection Regulation.

scholarly journals Toward Compatibility of the EU Trade Policy with the General Data Protection Regulation

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 10-14
Author(s):  
Svetlana Yakovleva ◽  
Kristina Irion
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
General Data Protection Regulation ◽  
Cross Border ◽  
Charter Of Fundamental Rights ◽  
Strong Position ◽  
General Data ◽  
The Right ◽  
The Eu

The European Union's (EU) negotiating position on cross-border data flows, which the EU has recently included in its proposal for the World Trade Organization (WTO) talks on e-commerce, not only enshrines the protection of privacy and personal data as fundamental rights, but also creates a broad exception for a Member's restrictions on cross-border transfers of personal data. This essay argues that maintaining such a strong position in trade negotiations is essential for the EU to preserve the internal compatibility of its legal system when it comes to the right to protection of personal data under the EU Charter of Fundamental Rights (EU Charter) and the recently adopted General Data Protection Regulation (GDPR).

scholarly journals How Has the General Data Protection Regulation Changed the Routine of a Public Authority in Romania?

2020 ◽  
Vol 3 (1) ◽  
pp. 17
Author(s):  
Kajcsa Andrea
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Public Authorities ◽  
General Data Protection Regulation ◽  
General Data ◽  
Data Portability ◽  
The Right ◽  
The Impact ◽  
The Eu ◽  
Public Bodies

The changes that have been brought about by the General Data Protection Regulation starting with May 2018 are complex and ambitious. The General Data Protection Regulation is one of the most wide ranging pieces of legislation passed by the EU in recent years, and it introduces many concepts that are yet to be fully discovered in practice, such as the right to be forgotten, data portability and data breach notification. This paper intends to analyze the main obligations that public bodies, particularly, have after the GDPR has entered into force, and to evaluate the impact this legislative act has on the routine activities carried out by public authorities in Romania. To reach our goal, we will make reference to the obligations that are specific to public administration authorities as well as to those that public bodies are exempted from. We will also analyze the national legislative measures adopted in Romania after GDPR started to be in force, and the degree to which these have particularized the way public bodies are allowed and obliged to process personal data in Romania.

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