scholarly journals LEGAL BASIS FOR DATA PROCESSING RELATED TO THE EMPLOYEES' ADDICTIONS BY EMPLOYERS IN POLAND

2021 ◽  
Author(s):  
Małgorzata Mędrala
Keyword(s):  
Data Processing ◽  
Personal Data ◽  
Legal Aspects ◽  
Legal Obligation ◽  
Legal Basis ◽  
Labour Law ◽  
Sensitive Data ◽  
Labour Relations ◽  
Polish Law

The aim of this article is the analysis of possible legal basics for processing of personal data on employees’ addictions in Polish labour law. The Author analyses the concept of “addiction” in social, medical and legal aspects. She qualifies the data on addictions as the sensitive data. It is connected with strict regime of processing them in labour relations. In most situations in Polish law the processing of personal data on addiction of employees is done in indirect way. The most common legal basis of processing of personal data on addictions in serious cases is legal obligation of employer connected with ensuring health and life of people in the workplace. It is also possible to process the data on addictions on the basis of some other legal basics analized by Author.

Processing Personal Data by the Police in the Light of Changes in EU Law

2018 ◽  
Vol 9 (2) ◽  
pp. 229-237
Author(s):  
Andrzej Sprycha
Keyword(s):  
Personal Information ◽  
Personal Data ◽  
European Parliament ◽  
Private Life ◽  
Eu Law ◽  
Sensitive Data ◽  
Personal Data Protection ◽  
Council Directive ◽  
Council Regulation ◽  
Polish Law

In implementing their statutory tasks the Police can acquire a whole range of personal information, including sensitive data. This usually has a direct relation with combating crime. Therefore, such powers might be implemented without the knowledge and consent of persons to whom the information (data) concerns. Because police activities cause serious and profound intrusion into the sphere of a person’s private life, whose protection is guaranteed by the Constitution, they must be carried out within the limits strictly permitted by law. When discussing national regulations in force which control the issue of personal data protection, one must also take into consideration EU regulations. First of all the European Parliament and Council Regulation (EU) 2016/679 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and the European Parliament and Council Directive (EU) 2016/680 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data. This directive, commonly known as the police directive, constitutes regulations on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection and prosecution of criminal offences and execution of penalties. The national legislator faces a difficult task of implementation of the above-mentioned European legal acts, all the more so because the choice of particular solutions, to be adopted in their transposition to the legislative and implementing provisions, still remains an open issue. The adopted solutions ought to, on the one hand, ensure coherence with national regulations that implement them, on the other hand, they ought to cause the appropriate adjustment of the Polish law regulations to their requirements. The article presents the normative contents and remarks regarding appropriate, consistent with EU law processing of personal data by the Police.

Generalklauseln im Datenschutzrecht

2021 ◽  
Vol 54 (1) ◽  
pp. 1-35
Author(s):  
Nikolaus Marsch ◽  
Timo Rademacher
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Constitutional Court ◽  
Sensitive Data ◽  
Public Authorities ◽  
Public Purpose ◽  
Basic Law ◽  
Data Protection Law ◽  
High Degree

German data protection laws all provide for provisions that allow public authorities to process personal data whenever this is ‘necessary’ for the respective authority to fulfil its tasks or, in the case of sensitive data in the meaning of art. 9 GDPR, if this is ‘absolutely necessary’. Therewith, in theory, data protection law provides for a high degree of administrative flexibility, e. g. to cope with unforeseen situations like the Coronavirus pandemic. However, these provisions, referred to in German doctrine as ‘Generalklauseln’ (general clauses or ‘catch-all’-provisions in English), are hardly used, as legal orthodoxy assumes that they are too vague to form a sufficiently clear legal basis for public purpose processing under the strict terms of the German fundamental right to informational self-determination (art. 2‍(1), 1‍(1) German Basic Law). As this orthodoxy appears to be supported by case law of the German Constitutional Court, legislators have dutifully reacted by creating a plethora of sector specific laws and provisions to enable data processing by public authorities. As a consequence, German administrative data protection law has become highly detailed and confusing, even for legal experts, therewith betraying the very purpose of legal clarity and foreseeability that scholars intended to foster by requiring ever more detailed legal bases. In our paper, we examine the reasons that underlie the German ‘ban’ on using the ‘Generalklauseln’. We conclude that the reasons do not justify the ban in general, but only in specific areas and/or processing situations such as security and criminal law. Finally, we list several arguments that do speak in favour of a more ‘daring’ approach when it comes to using the ‘Generalklauseln’ for public purpose data processing.

scholarly journals GO-E-MON: A New Online Platform for Decentralized Cognitive Science

2021 ◽  
Vol 5 (4) ◽  
pp. 76
Author(s):  
Satoshi Yazawa ◽  
Kikue Sakaguchi ◽  
Kazuo Hiraki
Keyword(s):  
Experimental Data ◽  
Data Distribution ◽  
Personal Data ◽  
Legal Aspects ◽  
Personal Privacy ◽  
Online Experiment ◽  
Sensitive Data ◽  
Experiment Platform ◽  
Security Issues ◽  
Replication Crisis

Advances in web technology and the widespread use of smartphones and PCs have proven that it is possible to optimize various services using personal data, such as location information and search history. While considerations of personal privacy and legal aspects lead to situations where data are monopolized by individual services and companies, a replication crisis has been pointed out for the data of laboratory experiments, which is challenging to solve given the difficulty of data distribution. To ensure distribution of experimental data while guaranteeing security, an online experiment platform can be a game changer. Current online experiment platforms have not yet considered improving data distribution, and it is currently difficult to use the data obtained from one experiment for other purposes. In addition, various devices such as activity meters and consumer-grade electroencephalography meters are emerging, and if a platform that collects data from such devices and tasks online is to be realized, the platform will hold a large amount of sensitive data, making it even more important to ensure security. We propose GO-E-MON, a service that combines an online experimental environment with a distributed personal data store (PDS), and explain how GO-E-MON can realize the reuse of experimental data with the subject’s consent by connecting to a distributed PDS. We report the results of the experiment in a groupwork lecture for university students to verify whether this method works. By building an online experiment environment integrated with a distributed PDS, we present the possibility of integrating multiple experiments performed by different experimenters—with the consent of individual subjects—while solving the security issues.

scholarly journals OCHRONA DANYCH OSOBOWYCH KONSUMENTA USŁUGI UBEZPIECZENIOWEJ

2017 ◽  
Vol 4 (2) ◽  
pp. 205
Author(s):  
Monika Kalina
Keyword(s):  
Data Processing ◽  
Consumer Protection ◽  
Data Protection ◽  
Personal Data ◽  
European Convention ◽  
Processing Conditions ◽  
Insurance Law ◽  
Personal Data Protection ◽  
Polish Law

CONSUMER PROTECTION WITH REGARD TO THE PROCESSING OF PERSONAL DATA IN THE INSURANCE SERVICESSummaryThis Article is an attem pt to prove that Polish national law provides personal data protection in the insurance services required by the provisions of Directive 95/46/EC and European Convention No. 108.The Author makes an attem pt to create a list o f fundamental principles, which should be respected in the light o f this Directive and Convention. She analyses implementation of these principles into Polish law by comparing the former and present regulations: the Act of Insurance Activity and the Act on Protection of Personal Data. She discusses special processing conditions - for specific sector (insurance) and special categories of data (sensitive).The next part of the article discusses problems connected with personal data processing in the insurance services by means of Internet.Finally this paper presents different aspects of responsibility of a controller, including special regulations of the insurance law.

scholarly journals Юридические основания трудоустройства иностранцев в Польше: исторический очерк, современность и пандемия COVID‑19

2021 ◽  
Vol 5 ◽  
pp. 9-22
Author(s):  
Julita Augustyńczyk ◽  
Keyword(s):  
Labour Market ◽  
Cross Section ◽  
Current Problem ◽  
Legal Aspects ◽  
Economic Conditions ◽  
Legal Regulations ◽  
Labour Law ◽  
Economic Reality ◽  
Polish Law ◽  
Made In

Goal – the article analyses the most important legal acts regulating the employment of foreigners in Poland. The article aims to evaluate the adequacy of the introduced legal changes to the needs of the Polish labour market. The assumed hypothesis was that the legal regulations on the employment of foreigners in Poland are adjusted to the changes in the economic reality. Research methodology – the article includes an analysis of the available literature and the current legal acts that regulate the studied problem. Moreover, observations con cerning the adaptation of Polish legal regulations to the constantly growing interest of foreigners in the Polish labour market were made in the article. Score/results – the conducted analysis allowed us to verify the research hypothesis positively. It has been acknowledged that the provisions of Polish law in the field of employment of foreigners have been adapted to the changing economic conditions, al though the procedure for obtaining work permits for foreigners remains complicated. Originality/value – the article shows a cross-section of changes that have taken place in Polish labour law in the field of employment of foreigners in recent years.Changes in the Polish labour law have been presented chronologically, which helps to organize the knowledge on the topic. Moreover, it also considers the current problem of the COVID-19 pandemic and its impact on legal aspects of employment of foreigners in Poland.

scholarly journals Legitimate interest as legal grounds for processing personal data

Bankarstvo ◽  
2020 ◽  
Vol 49 (3) ◽  
pp. 145-170
Author(s):  
Dubravka Dolenc
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Good Practice ◽  
Personal Data ◽  
Working Party ◽  
Legal Basis ◽  
Supervisory Authority ◽  
Personal Data Protection ◽  
Official Gazette ◽  
Legitimate Interest

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.

scholarly journals Personal data processing for behavioural targeting: which legal basis?

2015 ◽  
Vol 5 (3) ◽  
pp. 163-176 ◽  
Author(s):  
Frederik J. Zuiderveen Borgesius
Keyword(s):  
Data Processing ◽  
Personal Data ◽  
Legal Basis

scholarly journals Automatic computer based data processing as a special investigation activity

2006 ◽  
Vol 78 (9) ◽  
pp. 602-615
Author(s):  
Tatjana Lukić
Keyword(s):  
Data Processing ◽  
Organized Crime ◽  
Personal Data ◽  
Criminal Procedure ◽  
Criminal Investigation ◽  
Legal Basis ◽  
Special Investigation ◽  
Automatic Data ◽  
Computer Based ◽  
The Subject

The application of special investigation activities is characteristic for proactive investigations related to the organized crime. One of these special investigation activities, that became more and more important, is a computer based automatic data processing which was introduced in Serbia by the new Law on Criminal Procedure. The subject matter of this paper is legal solution in Serbia related to this special investigation activity. Apart from that, the author demonstrated its comparative regulation by analyzing legal basis for its application, terms and means of its approval, duration, use of computer excerpts as evidence in the criminal procedure and supervision over its legality. The author paid special attention to the personal data processing on the international level and issue of criminal investigation analytics in combating terrorism.

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