Problem horyzontalnej skuteczności prawa do ochrony danych osobowych w świetle przepisów konstytucyjnych Polski i Szwajcarii
The Problem of Horizontal Effectiveness of the Right to Personal Data Protection in the Light of Constitutions of Poland and Switzerland
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The authors examine the issue of horizontal effectiveness of the right to protect personal data in the light of the Polish and Swiss constitutions. They attempt to answer the question of whether, to what extent and how an individual can in each of these countries demand — on the basis of constitutional regulation — that his or her personal data be respected by another individual. They provide an analysis of the manner and scope of the constitutionalization of the right to personal data protection in Poland and Switzerland, and conclude that in both countries it is possible to implement an indirect horizontal model of operation of the right to protect personal data and the model of protective duties of the state in relation to this right. The legislature, when forming horizontal relationships, is bound by the constitutional right of personal data protection, and the court, in deciding disputes between private parties, is obliged to protect that right and take them into account in the interpretation of the statutory provisions.
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