Search results - CEJSH

1

Prywatność vs. świat wirtualny: ochrona praw jednostki w dobie Internetu

100%

Cłapińska K.

Studia Prawa Publicznego

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2023

|

issue 3 (43)

153-165

EN

The article aims to indicate the most important issues facing an individual wishing to protect his or her privacy on the Internet. It also describes the evolution of the concept of the right to privacy, which over the years has become one of the most important subjective rights reﬂected both in the Polish Constitution and in the legal acts of the Council of Europe and the European Union. The text also demonstrates the approach to the issue of the right to privacy taken by both the Polish constitutional and international judiciary. The European Court of Human Rights in Strasbourg, in the cases of Dupate v. Latvia and Brother Watch and others v. United Kingdom, dealt with both the publication of photographs of a public ﬁgure taken surreptitiously in a private situation and mass surveillance. The Court of Justice of the European Union in Luxembourg, in its judgments, has often referred to the issue of the protection of telecommunications data, including the question of access by state services to such data (H.K case) and the rights and obligations created by Articles 7 and 8 of the Charter (Kärntner Landesregierung and Digital Rights Ireland Ltd case). The European Union authorities, reacting to the increasingly widespread problem of data ﬂows on the Internet, decided to enact the General Data Protection Regulation (GDPR). The article describes the most important objectives and tasks to be fulﬁlled by this legal act. In addition, the main problems associated with the use of new technologies such as cybercrimes, cyber surveillance, data theft, as well as cryptojacking and the functioning of APTs (Advanced Persistent Threat), i.e. skilled hacking groups, are also indicated.

2

The Right to Privacy and Private Detective Activities in Lithuania

100%

Bilius M.

Baltic Journal of Law & Politics

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2012

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vol. 5

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issue 2

1-26

EN

Private detectives have been providing their services in Lithuania for about a decade; however, only now has the Seimas of the Republic of Lithuania started to discuss whether it is expedient and necessary to regulate the activities of private detectives by means of a separate law. One of the goals of a separate legal regulation of private detective activities is the protection of human rights, particularly the right to privacy. This article examines the provisions of national and international legislative acts related to the private life of a person, and assesses the opportunities of a private detective to provide private detective services without prejudice to the provisions of applicable legislative acts. The article concludes that a private detective is not an authorized (public) authority and there is no possibility to assess in each case whether the interests of a person using the services of private detectives are more important than those of other persons, which would allow for violating their rights to private life. The limits of an individual’s right to privacy can only be narrowed by a particular person, giving consent to making public the details of his/her private life. It is the only opportunity for a private detective to gather information related to the private life of a citizen. Currently applicable legislative acts in Lithuania do not provide for opportunities for private subjects to collect personal data without that person’s consent. This right is granted only to public authorities and with the court’s permission

3

PROCESSING OF PERSONAL DATA BY THE POLICE IN THE LIGHT OF ADMINISTRATIVE PROCEEDINGS CONDUCTED BY THE SUPERVISORY AUTHORITY

100%

Płocki R.

Przegląd Policyjny

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2019

|

vol. 135(3)

173-182

EN

The police process huge amounts of personal data without which they would not be able to carry out their basic tasks. The data processed by the police have a very different nature and scope. Data processing in such large quantities and in such a wide range is associated with great responsibility for its safety. Maintaining a high level of security becomes a challenge when, at the same time, it is necessary to take care of the rights of data subjects. The article contains an overview of administrative decisions issued by the Inspector General for Personal Data Protection (currently: the President of the Personal Data Protection Offi ce) relating to police activities. The issues of the implementation of the rights of data subjects are discussed in three areas, i.e.: sharing information from police resources, deleting data from the National Police Information System, and verifi cation of identity documents.

4

Opinia prawna w sprawie przetwarzania przez posła danych osobowych

100%

Odrowąż-Sypniewski W.

Zeszyty Prawnicze BAS

|

2017

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issue 3(55)

165-170

EN

The subject of the opinion is the issue, whether a Deputy as a natural person could process personal data and whether processing the data must be notified to the Inspector General for Personal Data Protection. The author claims that parliamentary activities might involve processing personal data. However, in most situations the possibility of processing of sensitive data by a Deputy must be excluded. The duty to register a set of personal data concerns these Deputies who process such data under statutory rules beyond indicated exceptions.

5

Strategic and Economic Issues of Ownership Rights and Private Life Compliance

100%

Crestin F., Judde M.

Internal Security

|

2011

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vol. 3(1)

63-67

EN

The rapid evolution of technology and taking into account the contributions of nanotechnologies contribute to the improvement of Information System performance and provide access to new features in CLOUD COMPUTING STORAGE, for example, creation of new services, realization of the popular idea of green IT, simplification of IT network. In this new context of virtualization facilitating the relocation of data processing and storage, there is a large gap regarding the ownership of data and the future of data related to private life. The consequences of the existence of such a gap may ultimately be a barrier to any expansion of these new features. Multiple strategies are considered for future progress in order to develop the laws and rules governing Cloud Computing. A think tank, based on existing regulations in different countries, with the help of the European Materials Research Society (E-MRS) could propose as a first step in Europe, a common regulation that, in the context of the implementation of European governance, would ensure compliance with privacy and respect of the right of data ownership. The CESIC (Cercle d’Etude de la Sécurité Industrielle et Commerciale) has conducted a reflection in this domain as a first step leading to the need for confidentiality and data exchanges.

6

Artificial Intelligence v. Personal Data

100%

Chałubińska-Jentkiewicz K., Nowikowska M.

Polish Political Science Yearbook

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2022

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issue 3 (51)

183-191

EN

The world is constantly changing under the influence of new technologies. Artificial intelligence systems are currently used in many areas of human activity. Such systems are increasingly assigned the tasks of collecting and analysing personal data. The areas successfully using AI include transport, medicine, trade, marketing, and others. The number of these areas increases proportionally with the advancement of technology. We can process vast amounts of data and analyse it using IA. It is, of course, big data that sits at the heart of AI. As computing systems generally have grown in power and capacity, data consumption has grown exponentially.

7

Zarządzanie danymi osobowymi w przedsiębiorstwie

100%

Rybiński J.

Nowoczesne Systemy Zarządzania

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2019

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vol. 14

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issue 2

13-27

EN

The activity of enterprises is regulated by many legal provisions, from which personal data have been of the highest importance recently. The introduction of the GDPR meant that the protection of personal data has acquired a new dimension, regardless of the other conditions of doing business. The article presents an attempt to approximate the provisions on the protection of personal data, which are a serious challenge for many entrepreneurs. In addition, the focus was also on the problems of the practical functioning of these legal norms, which are intended to improve the protection of personal data at the disposal of entrepreneurs not only in our country.

PL

Działalność przedsiębiorstw jest regulowana wieloma przepisami prawa, z których w ostatnim okresie na pierwszy plan wysuwają się te dotyczące danych osobowych. Wprowadzenie RODO spowodowało, że ochrona danych osobowych nabrała nowego wymiaru i to niezależnie od pozostałych uwarunkowań prowadzenia działalności gospodarczej. W artykule przedstawiono próbę przybliżenia przepisów z zakresu ochrony danych osobowych, które dla wielu przedsiębiorców stanowią poważne wyzwanie. Ponadto skupiono się na problemach praktycznego funkcjonowania tych norm prawnych, które z założenia mają poprawić stan ochrony danych osobowych znajdujących się w dyspozycji przedsiębiorców nie tylko w naszym kraju.

8

The Analysis of Risks to Personal Data Security

100%

Kosznik-Biernacka S.

Security Dimensions: International & National Studies

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2020

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vol. 34(34)

256-267

EN

Article 32 of the EU General Data Protection Regulation imposes the obligation to implement appropriate safeguards to protect personal data. It states that the application of adequate measures is to be preceded by a risk analysis and evaluation. In the current paper, as the main risk factors, probability and consequences were assumed that take into account the basic attributes of information, i.e. confidentiality, integrity and availability. Next, a risk analysis methodology based on the risk matrix is proposed. The issue discussed in the publication is currently valid and still requires careful analysis in order to develop universal standards aimed at establishing certification mechanisms as well as quality labels and markings in terms of personal data protection.

9

Dopuszczalność pozyskiwania danych osobowych pracowników przez pracodawców na przykładzie zaświadczeń o niekaralności

100%

Kawecki M.

Prawo

|

2014

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issue 316/1

61 - 68

EN

In the jurisprudence and the professional literature, consistently controversial is the question of the legal basis for the processing of personal data of employees by employers, including certificates of no criminal record. Particularly problematic is the admissibility of receiving consent from the employees to processing of their personal data. The aim of the article is to indicate existing in this context judicial and doctrinal opinions, and an indication of the correct, in the opinion of the author, interpretation of legislation. Particularly criticized should be the position of GIODO which excludes the possibility of receiving consent from employees to the processing of their data, which is not only a violation of their constitutionally guaranteed autonomy of information, but is also contrary to the literal interpretation of the legal rules.

10

Issues of personal data management in organizations – GDPR compliance level analysis

100%

Kucęba R., Chmielarz G.

Informatyka Ekonomiczna

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2018

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issue 1(47)

58-71

EN

The paper presents the issues of information and personal data security management in organizations. The authors include in it an analysis of breaches to personal data security in organizations as a vital factor that conditions the necessity to improve the previously applied solutions in this area. Additionally, the paper contains analyses concerning the preparation level of organizations to ensure compliance with the General Data Protection Regulation (GDPR) which is coming into force. The paper constitutes a cognitive query in the scope of the subject matter defined in its title

11

Przetwarzanie danych biometrycznych. Aspekty prawne

100%

Pyka A.

Studia Prawa Publicznego

|

2018

|

issue 3 (23)

133-153

EN

Biometric data processing and related data protection issues have gained importance as a result of a wide use of technologies using such data for the identification and verification of data subjects. Problems may arise due to the lack of awareness of the need to comply with the provisions on the protection of personal data. Such a problem could also have arisen in Poland. The Act on personal data protection, no longer in force, did not refer literally to any of the provisions on biometric data. This potentially could raise doubts, inter alia, with regard to the application of this Act, especially since only the General Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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) introduced a definition of such data and classified them in special categories of personal data, the processing of which will require one of the conditions set out in Article 9(2) of the General Regulation. Such singularity of biometric data results from the source of their acquisition (physiological, physical and behavioural traits). This, however, should not be seen as an argument for the limiting of the processing of biometric data. It is nevertheless important that the processing of these personal data is in line with the principles set out in the General Regulation. The use of biometrics is likely to become more widespread in the long term. This trend is already taking place, but there is a noticeable concern on the part of the data subjects about the collection of these data. The legal provisions repealed in the context of the data protection reform in 2018 have also been taken into account in the deliberations.

12

Cross-Border Flow of Personal Data in the Context of Emigration of the Faithful of the Catholic Church from Poland

88%

Kroczek P.

Ecumeny and Law

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2021

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vol. 9

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issue 2

141-149

EN

The increased emigration of Poles has caused numerous problems of legal and canonical nature, also relating to the activity of the Catholic Church. The article concerns the cross-border processing of personal data carried out by the Catholic Church entities in the context of the emigration of the faithful. Processing of the data of believers takes place, for example, in the formalities related to preparation for entering marriage. From the point of view of canon law the article deals with such issues as: the legality of the process of cross-border data processing, the obligations of the data controller carrying out such a process and the role of the supervisory authority.

13

Ochrana osobních údajů v kriminologickém výzkumu

88%

Nová K., Drápal J.

Česká kriminologie (Czech Criminology)

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2021

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vol. 6

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issue 1-2

1-20

EN

Empirical researchers often use secondary data collected by others, especially state institutions. Due to the increasing availability of data online and the ever-growing ease of merging various datasets, the protection of personal data and adherence to the principles of data processing is becoming increasingly important for researchers. In criminal justice research, the protection of personal data is especially important, as information on convictions or criminal proceedings is under special protection. This article presents the basic principles for conducting research using personal data, focusing on their application in criminological research and especially on the use of secondary data. The article further discusses the responsibilities of personal data administrators and their role in the context of processing data for research purposes, data security, creating databases and their various forms, and the process of anonymization and pseudonymization. The article concludes with practical recommendations for ensuring ethical and legal practices in the field of criminological research vis-à-vis personal data protection.

14

Privacy and data protection: Legal aspects in the Republic of Macedonia

88%

Osmani N.

Academicus. International Scientific Journal

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2016

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issue 14

59-68

EN

The purpose of this paper is to present a theoretical assessment of the existing Law on Personal Data Protection in the Republic of Macedonia. The paper aims to analyse whether there is a need for additional legal tools in order to achieve a balance between maintaining data integrity in the digital age and the use of modern technology. The paper discusses the meaning of “information privacy” in the age of big data, cyber threats and the domestic and international response to these issues. Special focus is dedicated to privacy policy enforcement in European Union Law. Having regard to the development of new technologies, prevailing data protection legislation may no longer be able to provide effective protection for individuals’ personal information. Therefore, existing laws should be continuously adapted to respond to new challenges and situations deriving from different online activities and communications.

15

Problem horyzontalnej skuteczności prawa do ochrony danych osobowych w świetle przepisów konstytucyjnych Polski i Szwajcarii

88%

Blonski D., Florczak-Wątor M.

Przegląd Sejmowy

|

2015

|

issue 1(126)

83-105

EN

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.

16

Leki cyfrowe a bezpieczeństwo prawne pacjenta

87%

Krzyżewska B.

Studia Prawnicze

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2020

|

issue 1(221)

65-89

EN

The aim of the paper is to present what digital drugs are, whether they can pose a threat to the security of personal data and – if – in what contexts these data may be legally used. A multi-layered legal analysis was carried out, includingprovisions regarding: personal data protection, electronic provision of services, privacy, provision of health services by a doctor and psychiatric hospitalization. The considerations are prospective because digital drugs have not been found onthe European or Polish pharmaceutical market so far.

PL

Celem artykułu jest przedstawienie czym są leki cyfrowe, czy mogą one stanowić zagrożenie dla bezpieczeństwa danych osobowych oraz – jeśli – w jakich kontekstach mogą być te dane legalnie wykorzystane. Przeprowadzona zostaławielowątkowa analiza prawna, uwzględniająca przepisy dotyczące m.in. ochrony danych osobowych, świadczenia usług drogą elektroniczną, prywatności, świadczenia usług zdrowotnych przez lekarza oraz hospitalizacji psychiatrycznej. Rozważania mają charakter prospektywny, ponieważ leki cyfrowe do tej pory nie znajdowały się i nie znajdują ani na europejskim, ani na polskim rynku farmaceutycznym.

17

Przetwarzanie danych osobowych do celów badań naukowych. Aspekty prawne

87%

Pyka A.

Studia Prawa Publicznego

|

2019

|

issue 4(28)

79-101

EN

This article refers to the issue of personal data processing conducted in connection with scientific research and in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament 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 repealing Directive 95/46/EC (General Data Protection Regulation). It is not uncommon for the purposes of scientific research to process personal data, which is connected with the obligation to respect the rights of the data of the subjects involved. Entities conducting scientific research that process personal data for this purpose are required to apply the general regulation governing, among others, the obligations imposed on the controllers. The issue of personal data processing for scientific research purposes has also been regulated in national legislation in connection with the need to apply the General Data Protection Regulation. The article discusses the basics of the admissibility of data processing for the needs of scientific research; providing personal data regarding criminal convictions and offences extracted from public registers at the request of the entity conducting scientific research; exercising the rights of the data of the subjects concerned; as well as the implementation of appropriate technical and organizational measures to ensure the security of data processing. In addition, the article discusses the issue of anonymization of personal data carried out after achieving the purpose of personal data processing, as well as the processing of special categories of personal data. The topics discussed in the article were not discussed in detail, as this would require further elaboration in a publication with a much wider volume range.

18

Ocena skutków dla ochrony danych

87%

Pyka A.

Studia Prawa Publicznego

|

2020

|

issue 2 (30)

161-180

EN

This article deals with the issue of impact assessment for the protection of personal data. This is a new obligation for the controller. The article presents the essence of impact assessment (DPIA), exclusion from the obligation to carry it out, the prerequisite for mandatory DPIA, the role of the data protection officer and the powers of the supervisory authority. The analysis of legal provisions related to the impact assessment presented here does not refer to specific situations, due to the wide scope for interpreting specific phrases contained in the General Regulation. Nevertheless, the article discusses the issue of conducting data protection impact assessments as one of the most problematic obligations incumbent on the controller, who in practice raises many doubts. The DPIA has been imprecisely regulated by the EU legislator, thus leaving controllers plenty of leeway to interpret the terms used in the General Regulation. In addition, carrying out a DPIA in practice (as a new obligation on entities setting the purposes and means of data processing) can be problematic due to the lack of harmonized methods for conducting a data protection impact assessment. However, controllers cannot assign DPIA implementation to other entities involved in data processing, such as an entity processing personal data on behalf of another. Entities setting the purposes and methods of data processing should not only take into account the provisions of the General Regulation but also a list of data processing operations that are obligatorily subject to DPIA. Controllers fulfilling the obligation to carry out a data protection impact assessment will be obliged by the supervisory authority to demonstrate how to carry out a data protection impact assessment.

19

W poszukiwaniu prawa właściwego dla cywilnoprawnych roszczeń odszkodowawczych z tytułu naruszenia RODO (art. 82 RODO)

75%

Jagielska M., Jagielski M.

Problemy Prawa Prywatnego Międzynarodowego

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2021

|

vol. 28

51-73

EN

The main purpose of this study is to determine which conflict of law rules constitute the basis for the search for the law applicable to private-law compensation claims provided for in Article 82 of the GDPR, and whether it is possible to apply the Rome II Regulation on the law applicable to non-contractual obligations in this regard. The authors first set out the main features of the claim, with particular emphasis on those areas where discrepancies may arise at the level of national law. They then qualify the claim as a tortious one, which leads them to pose a question about the applicability of the Rome II Regulation in this case. Special attention is given to the relationship between privacy and personal data protection. The authors argue that these two spheres have become gradually separated from each other and finally, under GDPR, claims for damages for a breach of personal data protection being independent of claims for an infringement of personal rights. Consequently, they assume that the law applicable to a claim under Article 82 of the GDPR should be indicated on the basis of the Rome II Regulation, despite the doubts arising from the exclusion provided for in Article 1.2.g Rome II. If approach is accepted, it will have significant consequences for the harmonisation of the application of the GDPR in the EU Member States, and for achieving the harmonisation of decisions at the level of national law.

20

Legal aspects of the use of social media accounts: current state and perspectives

75%

Nekit K.

The Lawyer Quarterly

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2020

|

vol. 10

|

issue 3

305-323

EN

This article analyzes the concept and legal nature of social media accounts to explore whether these can become the object of civil-law rights, particularly, an object of property or so-called virtual property rights. It examines the essence of a social media account and reveals the possibility of distinguishing specific elements in its structure. Some problems connected to social media accounts including liability for its content to the opportunity to purchase an account are investigated. The recent case law concerning business accounts is analyzed. The conclusion is made that every company should develop its own policy concerning social networks where all possible consequences connected with the rights in relation to social media accounts of the company would be specified, as there is no uniform court practice on this issue. The article also considers, whether it is possible to inherit a social media account. This takes into account approaches in various countries to the problem of determination of the post-mortem fate of digital assets, which shows a unified tendency to consider social media accounts as part of the estate transferred to the heir.

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