E-Government, transparency and personal data protection.

In recent years, many governments increased transparency, publicity and free access in their activities. Information and communication technologies (ICTs) are seen as a powerful tool to reduce “public diseases” such as low citizen trust, bad performance, low accountability and corruption. While some of these efforts have received a considerable attention, the balance between the value of transparency and the necessity of protecting individual’s personal rights has not been widely considered. It is an obvious fact that administrative records and documents may contain personal data, so it has become necessary to guarantee citizens’ privacy and respect the principles set forth in the European legislation. Information can indeed become more damaging if spread on the web rather than through conventional channels. Therefore, personal identity has to be protected through the removal of information which it is no longer necessary to process. In this scenario, the present work analyses the main measures public administrative bodies are required to implement, regardless of the purposes for which the information is posted online. The analysis conducted will be a scholar reflection based on Directive 95/46/EC and recent “Regulation (EU) 2016/679 of the European Parliament ad 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 repealing Directive 95/46/EC (General Data Protection Regulation)”. The paper will introduce a perspective concerning three different topics, namely the right to personal data protection, the data quality and the principle of proportionality. The road map will be as follows: to clarify the notion of data quality, to analyze the link between this principle and the value of transparency of public administrative activities and finally to introduce the dimension of the protection of personal data as a relative and not as an absolute right.

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

Studia Prawnoustrojowe ◽

10.31648/sp.5333 ◽

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.

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Protection of privacy in the period of Covid-19 pandemic

Law Journal of New Bulgarian University ◽

10.33919/ljnbu.20.2.2 ◽

2021 ◽

Vol 16 (2) ◽

pp. 63-75

Author(s):

Denitza Toptchiyska

Keyword(s):

Communication Networks ◽

Data Protection ◽

Personal Data ◽

Electronic Communications ◽

General Data Protection Regulation ◽

Personal Data Protection ◽

The Right To Privacy ◽

Legislative Amendments ◽

Legislative Changes ◽

The Right

During the pandemic of COVID-19 in April 2020 the Ministry of Health in Bulgaria began the administration of the Virusafe contact tracking application. With the Law on Emergency Measures and Actions, declared by a decision of the National Assembly of 13th March 2020 amendments to the Electronic Communications Act were adopted. The purpose of the legislative amendments was to provide access of the competent authorities to the localization data from the public electronic communication networks of the individuals, who have refused or do not fulfill the obligatory isolation or treatment under art. 61 of the Health Act. This publication aims to analyze the main features of mobile applications for tracking the contacts of infected persons, as well as the adopted legislative changes, comparing them with the standards of personal data protection provided in the EU General Data Protection Regulation 2016/679 and Directive 2002/58/EC on the right to privacy and electronic communications.

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TRANSGENDER ATHLETES: THE BALANCE BETWEEN PERSONAL DATA PROTECTION AND THE FAIR COMPETITION PRINCIPLE

10.51267/icpesk2020bp04 ◽

2020 ◽

pp. 34-45

Keyword(s):

Data Protection ◽

Personal Data ◽

Sex Reassignment ◽

Disorders Of Sexual Development ◽

Process Data ◽

General Data Protection Regulation ◽

Personal Data Protection ◽

Fair Competition ◽

Sexual Identification ◽

The Right

The right of transgender athletes to participate in sports competitions no longer seems to be in question, even if this is a right only recently established. DSD (Disorders of Sexual Development), having a genetic nature, are more widespread than perceived (about one person affected every 2500 births). To these, we have to add all individuals whose sexual identification arises for psychological reasons. Given that, it is obvious how the question is much more important (in numerical terms) of what is currently emerging. We want to focus on the hard balance between personal data protection and the fair competition principle, after the entry into force of the EU General Data Protection Regulation (GDPR), on 25 May 2018. According to GDPR rules, it is prohibited to process data concerning health or sex life. Thus, data regarding sexual identity and/or any changes in gender-related sex fall under special protection. In terms of sports law, IOC Consensus Meeting on Sex Reassignment and Hyperandrogenism (November 2015) reformed previous Stockholm Consensus on Sex Reassignment in Sports (1973). According to it, the completion of surgical anatomical changes is no longer a sine qua non condition, being sufficient the declaration of the gender by athletes. Recalling how athletes have to compete according to the fair competition principle, we wonder if European regulation collides with the respect of this principle. How can we balance them? How can we solve this conflict under the GDPR rules, coordinated with the norms of legal sports systems?

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Convention 108: Present importance and implementation

Strani pravni zivot ◽

10.5937/spz64-26350 ◽

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.

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

10.51738/kpolisa2021.18.1r.2.04 ◽

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.

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Personal Data Protection and Access to Archives in Ukraine: From the National and International Perspective

Atlanti ◽

10.33700/2670-451x.28.2.61-70(2018) ◽

2018 ◽

Vol 28 (2) ◽

pp. 61-70

Author(s):

Maryna Paliienko

Keyword(s):

Data Protection ◽

Personal Information ◽

Public Information ◽

Personal Data ◽

International Perspective ◽

Economic Life ◽

The European Union ◽

General Data Protection Regulation ◽

Personal Data Protection ◽

The Right

The article is devoted to the analysis of the General Data Protection Regulation, which came into force on May 25, 2018, on the territory of the member states of the European Union, in comparison with the legislation on personal data that operates in Ukraine. The following basic concepts such as “personal data”, “personal data bases”, “information protection”, “the right to access to information”, “the right to erasure” are considered. Special attention is paid to the activities of archives in collecting, processing, storing and providing access to documents that contain personal information. It is analyzed the Laws of Ukraine “On Information”, “On Protection of Personal Data”, “On Access to Public Information”, “On the National Archival Fond and Archival Institutions”. It has been pointed out that the GDPR has very important value for European socio-political and economic life, for working out data protection standards and a new international privacy protection framework.

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Personal data protection from the Criminal Law perspective

Glasnik Advokatske komore Vojvodine ◽

10.5937/gakv92-26404 ◽

2020 ◽

Vol 92 (3) ◽

pp. 347-378

Author(s):

Miloš Sekulić ◽

Gordan Grujić

Keyword(s):

Criminal Justice ◽

Information And Communication Technologies ◽

Data Protection ◽

Personal Data ◽

Scientific Paper ◽

Right To Privacy ◽

Personal Data Protection ◽

The Right To Privacy ◽

Modern Development ◽

The Right

The right to privacy is one of the fundamental human rights that serves to realize a man as a social being and protect the private spheres of their life. Even though this right can be looked at in different ways, due to the modern development of information and communication technologies, it is largely related to personal data and their availability to other persons. In that sense, the right to privacy is also protected via personal data protection. The basis for such protections in Serbian law has already been implemented in the Constitution of Serbia, and by adopting a new Personal Data Protection Law, the legislator has shown their determination to intensify and expand that protection. As it relates to criminal justice protection, a separate criminal offence of unauthorized collection of personal data is prescribed in Article 146 of the Criminal Code. The authors of this scientific paper will try to expose the threat to the right to privacy and personal data, and to give a clearer picture of how criminal justice protection of these values is realized in the Serbian law by presenting the elements of the aforementioned crime.

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Data Profiling and Elections: Has Data-Driven Political Campaign Gone Too Far?

Udayana Journal of Law and Culture ◽

10.24843/ujlc.2019.v03.i01.p05 ◽

2019 ◽

Vol 3 (1) ◽

pp. 95

Author(s):

Alia Yofira Karunian ◽

Helka Halme ◽

Ann-Marie Söderholm

Keyword(s):

Data Protection ◽

Personal Data ◽

Data Driven ◽

The European Union ◽

Political Campaign ◽

General Data Protection Regulation ◽

Personal Data Protection ◽

Data Profiling ◽

Right To Information ◽

The Right

In the age of digitalization, data-driven political campaign has rapidly shifted into sophisticated data profiling and big data analysis. In Indonesia, the privacy implications of data profiling for political purposes have not been thoroughly studied, much less regulated. This paper aims to conduct a comparative regulatory study between the European Union General Data Protection Regulation (EU GDPR) and Indonesian laws concerning personal data protection in facing the growing practice of data profiling for political purposes. In conclusion, in order to prevent unfair and non-transparent data profiling for political purposes in the upcoming 2019 general election, Indonesia should enact a comprehensive data protection law which provides data subjects with the right to information related to profiling and establishing independent supervisory authority.

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The right to respect private life in the context of the development of artificial intelligence

10.13166/wsge//vptv1229 ◽

2021 ◽

pp. 10-19

Author(s):

Greta Angjeli ◽

Besmir Premalaj

Keyword(s):

Artificial Intelligence ◽

Human Rights ◽

Data Protection ◽

Privacy Protection ◽

Personal Data ◽

Private Life ◽

General Data Protection Regulation ◽

Personal Data Protection ◽

The Right To Privacy ◽

The Right

One of the fundamental human rights protected by various international conventions is the right to the protection of privacy, or as defined in the European Convention on Human Rights, the right to respect private and family life. Affiliated to this right is also the right to data protection, which is described by various authors as a modern derivation of the right to privacy protection. The protection of personal data in the context of privacy protection was jeopardized by the rapid and widespread of information technology, automated data processing and the risk of access to this data by unauthorized persons on the network. The legal regulation for the non-violation of the right to respect private life by the processing of personal data with automated systems was one of the challenges of many states which had to allow the use of artificial intelligence for the benefit of further economic and social development, at the same time they had to ensure the protection of the personal data of their citizens. In this context, the EU has issued another regulation on personal data protection (General Data Protection Regulation (EU) 2016/679). The purpose of this paper is to highlight the impact of artificial intelligence on the right to respect private life and the legal protection of personal data from misuse through artificial intelligence.

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Data Protection Impact Assessment (DPIA) for Cloud-Based Health Organizations

Future Internet ◽

10.3390/fi13030066 ◽

2021 ◽

Vol 13 (3) ◽

pp. 66

Author(s):

Dimitra Georgiou ◽

Costas Lambrinoudakis

Keyword(s):

Impact Assessment ◽

Data Protection ◽

Gap Analysis ◽

Health Care Organization ◽

Personal Data ◽

Care Organization ◽

The European Union ◽

General Data Protection Regulation ◽

Personal Data Protection ◽

Compliance Level

The General Data Protection Regulation (GDPR) harmonizes personal data protection laws across the European Union, affecting all sectors including the healthcare industry. For processing operations that pose a high risk for data subjects, a Data Protection Impact Assessment (DPIA) is mandatory from May 2018. Taking into account the criticality of the process and the importance of its results, for the protection of the patients’ health data, as well as the complexity involved and the lack of past experience in applying such methodologies in healthcare environments, this paper presents the main steps of a DPIA study and provides guidelines on how to carry them out effectively. To this respect, the Privacy Impact Assessment, Commission Nationale de l’Informatique et des Libertés (PIA-CNIL) methodology has been employed, which is also compliant with the privacy impact assessment tasks described in ISO/IEC 29134:2017. The work presented in this paper focuses on the first two steps of the DPIA methodology and more specifically on the identification of the Purposes of Processing and of the data categories involved in each of them, as well as on the evaluation of the organization’s GDPR compliance level and of the gaps (Gap Analysis) that must be filled-in. The main contribution of this work is the identification of the main organizational and legal requirements that must be fulfilled by the health care organization. This research sets the legal grounds for data processing, according to the GDPR and is highly relevant to any processing of personal data, as it helps to structure the process, as well as be aware of data protection issues and the relevant legislation.

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