Protection of Personal Data According to European Law and Decisions of ECHR

2021 ◽  
Vol 39 (9) ◽  
Author(s):  
Olha B. Oliynyk ◽  
Aliona S. Romanova ◽  
Ihor M. Koval ◽  
Olena L. Chornobai ◽  
Svitlana O. Poliarush-Safronenko

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.

Author(s):  
Olena Shandrivska

The world experience of the prerequisites for the formation of a consumer personal data market has been analyzed, in particular from the point of view of providing access to stakeholder groups interested in it. A conceptual scheme of the for-mation of a market for personal data has been introduced. A quantitative and qualitative analysis of indicators that identify the conditions of the personal data market has been carried out. The following indicators has been included in the work: economically active population, Internet home subscribers, Internet connectivity rates, available income per capita, and recorded cybercrimes. The basics of streamlining public information relations in terms of personal data protection based on the formation of a unified system of personal data protection has been formulated, methods for minimizing the risks of leak-age of consumers personal data has been developed.


2021 ◽  
Vol 3 (2) ◽  
pp. 174-186
Author(s):  
Muhammad Waqas Javed ◽  
Nazar Hussain ◽  
Muhammad Arbab Maitla

The study aims to find out and suggest that how equilibrium among surveillance through CCTVs, right of privacy and personal data protection regime can be maintained. With the objective in mind, it discusses the CCTVs’ surveillance, its purposes, and scope of privacy in public or private domains under International Human Rights Law. It also focuses on General Data Protection Regulations, 2018 and its amplifications on CCTV surveillance.


2020 ◽  
Author(s):  
ABBA ELGUJJA

The concept of personal data protection is no doubt, an off-shoot of the universal human right to privacy and confidentiality. Not only has it been ingrained under Article 12 of the Universal Declaration of Human Rights, but it has also been incorporated into most of the regional human rights conventions, charters, and treaties, except, of course, the African Charter on Human Rights (ACHR) to which Nigerian affiliates with. Despite its conspicuous absence in the ACHR, the revolution in the internet and information management technologies have prompted the African Union (AU), and the Economic Community of West Africa States (ECOWAS) to, respectively, create Convention and Act to regulate the processing of personal data.However, Nigeria has neither incorporated these treaties nor enacted a comprehensive data protection law. At best, Nigeria has a Data Protection Regulations, a Data Protection Bill, and scattered pieces of legislation regulating specific aspects of the processing of personal data.The question is, has the universal human right to privacy effectively trickled down to Nigeria? This chapter captures the issues at stake, and attempts to proffer suggestion.


Author(s):  
Cristina Contartese

The aim of this work is to examine the European Court of Human Rights’ (ECtHR) balancing exercise between genetic data protection and national security, under Article 8 of the European Convention of Human Rights (ECHR). It analyzes, more specifically, the core principles of the Strasbourg Court that the Council of Europe’s Contracting States are required to apply when they collect and store genetic data in order to reach specific purposes in terms of public security, such as the fight against crimes. It will emerge that the Court, in consideration of the risks new technologies pose to an individual’s data safeguards, pays special attention to the strict periods of storage of such data and requires that their collection be justified by the existing of a pressing social need and a “careful scrutiny” of the principle of proportionally between the intrusive measure and the aim pursued. This work is divided into three main parts. The first part provides a general overview on personal data protection under Article 8, while the second and third part concentrate, respectively, on the collection of genetic data and on their storage for police purposes.


Author(s):  
NATALIA V. VARLAMOVA

Among the digital rights, besides the right for internet access that was the subject of consideration in the first part of the article, there are also a right to per-so nal data protection and a right to be forgotten (right to erasure).The right to personal data protection is usually enshrined at the supranational and national levels and is protected by the courts as an aspect of the right to privacy. As an independent fundamental right of a constitutional nature the right to personal data protection is enshrined in EU law. Nevertheless, all attempts to doctrinally justify the existence of certain aspects of this right, beyond the claims to the right to privacy, can not be considered successful. The Court of Justice of the EU, while dealing with the relevant cases in order to determine whether certain methods of processing personal data are legitimate, also refers to the right to privacy, considering these rights to be closely interrelated. The right to personal data protection provides additional (including procedural) guarantees of respect for privacy, human dignity and some other rights, but the purpose of these guarantees is precisely the content of the providing rights. The right to be forgotten (right to erasure) is one of the positive obligations with regard to the personal data protection. This right implies correction, deletion or termination of the processing of personal data at the request of their subject in the presence of a reason for this (when the relevant actions are carried out in violation of the principles of data processing or provisions of the legislation). Analogs of this right are the Latin American orders of habeas data, as well as the right of a person to demand the refutation of information discrediting his honor, dignity and business reputation, in case of their inconsistency with reality under civil law and the legislation on mass media. In digital age the importance of this right is increased by the fact that information posted on the Internet remains easily accessible for an indefinite, almost unlimited, time.This caused the extension of the right to be forgotten to information that is consistent to reality, but has lost its relevance and significance, however, continues to have an adverse impact on the reputation of the person concerned. At the same time, the realization of the right to be forgotten in respect of information posted online is connected with a number of technical problems that require legal solutions.In general, digitalization does not create new human rights of a fundamentally different legal nature. It only actualizes or smooths certain aspects of long-recognized rights, transfers their operation into the virtual space, creates new opportunities for their realization and generates new threats to them. Ensuring human rights in modern conditions involves the search for adequate legal solutions, taking into account the opportunities and limitations generated by digital technologies.


Author(s):  
Tigran D. Oganesian

The article considers the legality of mass surveillance and protection of personal data in the context of the international human rights law and the right to respect for private life. Special attention is paid to the protection of data on the Internet, where the personal data of billions of people are stored. The author emphasizes that mass surveillance and technology that allows the storage and processing of the data of millions of people pose a serious threat to the right to privacy guaranteed by Article 8 of the ECHR of 1950. Few companies comply with the human rights principles in their operations by providing user data in response to requests from public services. In this regard, States must prove that any interference with the personal integrity of an individual is necessary and proportionate to address a particular security threat. Mandatory data storage, where telephone companies and Internet service providers are required to store metadata about their users’ communications for subsequent access by the law enforcement and intelligence agencies, is neither necessary nor proportionate. The author analyses the legislation of some countries in the field of personal data protection, as well as examples from practice. Practice in many States is evidence of the lack of adequate national legislation and enforcement, weak procedural safeguards and ineffective oversight, which contributes to widespread impunity for arbitrary or unlawful interference with the right to privacy. In conclusion, we propose a number of measures aimed at improving the level of personal data protection in accordance with the international standards. In order to provide guarantees and a minimum level of adequate data protection in the face of new challenges to human rights in an ever-changing digital environment, the author proposes to solve a number of pressing issues. Firstly, States should not have the right to ask companies for and have absolute access to user data without a court order. Secondly, the process of sending a request and receiving data from a telecommunications company should be regulated in detail and transparent. The availability of specialized judges with technical expertise shall be valuable


Bankarstvo ◽  
2020 ◽  
Vol 49 (3) ◽  
pp. 145-170
Author(s):  
Dubravka Dolenc

The article elaborates the legal basis for data processing provided in Article 12, item 6 of the Law on Personal Data Protection, Official Gazette of the Republic of Serbia no. 87 as of 13 November 2018. The article deals with the comparative advantages of implementing this legal basis in relation to others and provides a practical overview in terms of legitimate interest as an equivalent legal basis to other legal bases of data processing. Examples of good practice of the British Supervisory Authority for Personal Data Protection, as well as the practice of the Agency for Personal Data Protection - the Croatian supervisory authority for data protection - are presented, as well as a significant part of the exceedingly relevant Opinion no. 06/2014 of the Working Party referred to in Article 29 of the cited Directive 95/46 (now the European Data Protection Board). Special attention is given to the so-called LIA, a legitimate interest assessment document and a test of the balance between legitimate interest and the rights and freedoms of individuals, with regard to the processing of personal data. Finally, the article presents the safeguards that must be provided to individuals whose personal data are processed - as well as the need for transparency - in terms of informing individuals of the existence of a legitimate interest, as well as all other necessary information that must be provided to ensure the fair and lawful processing of personal data.


2021 ◽  
Author(s):  
Zhivka Mateeva ◽  

In the age of the information society, the possibilities for problems of personal data protection related to the danger and threat of adverse consequences for the individual are extremely high. Violation of the right of the individual in connection with the disclosure of personal data is an encroachment on privacy. This paper examines the nature of the right to the protection of personal data, which is an integral part of the right to privacy. On the basis of the analysis of the right to protection of personal data, its essential features, characteristic for the basic human rights, are derived. On this basis, the role of the right to personal data protection is outlined, finding application in various spheres of modern life.


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