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Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The development of an information society that prefers quick and remote resolution of issues, including on the Internet, raises the issue of protecting information and data disseminated and provided by personal data subjects. People do not want to transmit personal information without a clear understanding that it will be protected and not used, or to transfer it unnecessarily to third parties, because most of this information is identifying and personal, and in some cases even «sensitive». In this case, persons who transfer, process, or store personal data must be guided by legal grounds that determine the course of such actions. The fundamental concepts that must be followed in any operations with personal data are the principles. Principles are the basic framework that everyone in this process must adhere to, and failure to do so entails legal liability. The institute of personal data protection is relatively new, therefore, with the development of this institute, legislation at various levels develops and improves the basic provisions and general principles of personal data protection. At present, the general principles of personal data processing and protection can be summarised as: transparency, fairness, lawfulness, purpose limitation, data minimisation, data accuracy, data retention period limitation, data security and the princ iple of accountability. Such principles are enshrined in the General Data Protection Regulation and meet the main goal, namely to define the standards on the basis of which personal data should be collected, processed, transferred, stored, and destroyed. The existence of such principles and, most importantly, their consolidation in regulatory legal acts that are binding for all and are primarily necessary to preserve and not restrict the right to privacy and the right to protection of personal data, the right to privacy. The general principles of legitimate operations with personal information provide for notification of the person who provides his/her personal data about the purpose of processing and all the details concerning future actions with the provided information and regulation, limitation and determination of liability for violation of the principles of processing and protection of personal data for the person who further carries out the specified operations. [ABSTRACT FROM AUTHOR]

The article outlines the legal basis of the penalties for violation of the General Data Protection Regulation in the EU. The necessity of studying the mechanisms by which the procedure for collecting fines for violations in the field of personal data protection within the European Union is carried out. Provisions of the General Data Protection Regulation are analyzed in order to apply the experience of EU member states in the field of personal data protection as well as in the context of harmonization of Ukrainian legislation with EU law. The article analyzes changes in the legislation on the protection of personal data and identifies the most frequently applied penalties in the form of fines imposed on companies in countries such as Great Britain, Netherlands, and Spain. Forms of liability for violations of the Regulation are: administrative fine, warning, temporary suspension of activity, or certain actions performed by the controller or operator. In addition to the list, member states in their domestic legislation have the right to establish additional forms of liability for violations of personal data protection, if such a penalty does not contradict the GDPR. In the article, it has also been determined which violations in the field of personal data protection act as grounds for imposing fines, namely, it has been established that these are non-compliance by companies with the security of personal data, non-observance of conditions and rules regarding consent to the processing of personal data, and the subsequent use by companies of personal data of customers after the leak the period provided for their use or the transfer of customer data to third parties. As mentioned above, the adoption of the General Data Protection Regulation contributed to ensuring the stability of normative acts that regulate issues related to the confidentiality of personal data of users, as well as responsibility for the violation of rights related to such data. According to the Regulation, any information by which a person can be identified should be interpreted as personal data. The article examines the application of mechanisms for imposing fines and analyzes the circumstances that determine the extent of liability for violations in the field of personal data protection. [ABSTRACT FROM AUTHOR]

The widespread use of digital technologies in banking allows banks to obtain and analyse huge amounts of data from different communication channels. While this phenomenon is conducive to improving the quality of services it also increases the risk of privacy breaches. The aim of this study is to identify what factors determine consumer acceptance of banks’ use of public access personal data found on social media accounts. The results indicate the importance of the financial incentive and consumers’ assessment of banks’ information activities regarding the processing of personal data. Determinants relating to the technological sophistication of respondents were also found to be significant, with a particular focus on the ethical evaluation of decisions made by Artificial Intelligence algorithms. The results of the work may be used by banks in practice to adapt the area of personal data management to the requirements of e-privacy and Trustworthy Artificial Intelligence.

Nowadays, effective protection of personal data is one of the fundamental issues of a democratic state under the rule of law. Therefore, the legislator should be very precise about the principles and standards of data processing. In the last few decades, in particular, the development of new technologies, digitalisation and the increase in the need for electronic communication has become evident, which leads to the adoption of appropriate regulations for the handling of personal data. In addition, the EU legislator has introduced the General Data Protection Regulation (GDPR) in order to harmonise the regulations of EU Member States regarding the protection of personal data. This provides a framework for the proper functioning of legal provisions across the European Union regarding the handling of personal data of its citizens. The aim of the article is to identify the legal changes resulting from the Personal Data Protection Regulation, with a particular focus on the persons to which they apply and then to analyse the regulation of 'the right to be forgotten'. In the first part of the article, attention is drawn to the way personal data are processed and the scope of obligations incumbent on data controllers. This is because data controllers are, together with the personal data protection officer, responsible for recording data processing activities, including ongoing monitoring and responding to situations of inaccurate data processing. The second part focuses on the right to be forgotten and the assessment of this entitlement in the perspective of Regulation 2016/679. The research methods include an analysis of legal acts, at the same time using the subject literature. [ABSTRACT FROM AUTHOR]

Nowadays, effective protection of personal data is one of the fundamental issues of a democratic state under the rule of law. Therefore, the legislator should be very precise about the principles and standards of data processing. In the last few decades, in particular, the development of new technologies, digitalisation and the increase in the need for electronic communication has become evident, which leads to the adoption of appropriate regulations for the handling of personal data. In addition, the EU legislator has introduced the General Data Protection Regulation (GDPR) in order to harmonise the regulations of EU Member States regarding the protection of personal data. This provides a framework for the proper functioning of legal provisions across the European Union regarding the handling of personal data of its citizens. The aim of the article is to identify the legal changes resulting from the Personal Data Protection Regulation, with a particular focus on the persons to which they apply and then to analyse the regulation of ‘the right to be forgotten’. In the first part of the article, attention is drawn to the way personal data are processed and the scope of obligations incumbent on data controllers. This is because data controllers are, together with the personal data protection officer, responsible for recording data processing activities, including ongoing monitoring and responding to situations of inaccurate data processing. The second part focuses on the right to be forgotten and the assessment of this entitlement in the perspective of Regulation 2016/679. The research methods include an analysis of legal acts, at the same time using the subject literature.

European General Data Protection Regulation requires organisations to request the data subject's consent for personal data processing. Data controllers must be able to demonstrate valid consent was obtained ('transparency'). Media often struggle to meet GDPR requirements in practice. We identified several issues with existing consent procedures amongst which a need for trustworthy approaches to record and track consent. In this article, we evaluate a specific transparency initiative: a Personal Data Receipt (PDR) for news personalisation. We investigated how European media users and media professionals evaluated the PDR. We conducted qualitative surveys and interviews to explore and describe individuals' viewpoints on/responses to the PDR. The main strengths highlighted in this study are: GDPR compliance and improved data processing transparency which leads to more control and user trust. PDR weaknesses are mainly related to users not reading the receipt, lack/overload of information, and design issues. Based on our findings, we identified missing elements and formulated recommendations for PDR improvement to optimise consent strategies. By examining how individuals responded to this specific transparency tool, and rhetorical tactics connected to it (placation, diversion, jargon, and misnaming), our study provides informed suggestions for ways out of digital resignation (Draper & Turow, 2019). [ABSTRACT FROM AUTHOR]

With the development of modern data processing, mining and collection technologies, various companies and institutions will have more opportunities to make these data operations faster and more efficiently. From the economic perspective, processing personal data is evidently lucrative and companies would therefore like to obtain as much data as possible. This paper analyses and summarizes existing and emerging social and economic trends, implications and issues caused by clashes between European legislation on personal data protection (the GDPR) and current data processing practices. Utilizing both quantitative and qualitative data, the article attempts to scrutinize the implications of the conflict between the rising demand for privacy and personal data protection on the one hand and the ever-growing need to process and store personal data, especially by commercial organizations, on the other. Analysing databases, legislation, reports, statistical data and surveys, the paper attempts to provide an estimate of the value of personal data and the consequences of poor handling of personal data.

Starting from the characteristics that an intelligent cemetery should have, this article aims to highlight possible personal data processing within it. The article presents the challenges faced by smart cemeteries starting from examples of data handling inherent to the functioning of a classic cemetery, to then analyze processing hypotheses that may intervene precisely as a result of the technological input in the administration of cemeteries. Last but not least, the relationship between the processing of personal data, on the one hand, and the respect due to the memory of the deceased, on the other, is of interest for the functioning of a smart cemetery. Although the cemeteries are rather spared by technology, it is already obvious that they are not completely immune to it. Any introduction of modern technologies in these spaces must be carefully considered. Personal data processing should contribute not only to the good administration of the cemetery but also to the respect owed to the memory of those who have passed away while also protecting the privacy of the living ones. [ABSTRACT FROM AUTHOR]

Personal data protection is one of the important areas of the EU’s operation and the general public is especially aware of the General Data Protection Regulation (GDPR). However, personal data protection has been an issue in the EU for a long time. The Court of Justice of the European Union (CJEU) plays a major role in personal data protection as their function is to interpret EU law and thus also EU legislation related to personal data protection. Until now, research papers have tackled specific issues related to interpreting EU legislation or analyses of specific decisions made by the CJEU. However, no comprehensive empirical legal study has been published so far which would evaluate the decision-making of the CJEU in the area of personal data protection using a combination of quantitative and qualitative methods. Therefore, no analysis has been carried out to determine how many decisions of the CJEU have been related to personal data protection, how their number has increased, or which participants and from which areas have participated in the proceedings. The results of the analysis presented here can be used as a basis for studying the future development of the CJEU’s decision-making in the area of personal data protection in relation to digitization and especially to the COVID-19 pandemic, which undoubtedly has contributed to a significant increase in online communication, posing new challenges towards a more efficient personal data protection in the online world.

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1363-1365 | European Forum Highlight of 24 February 2022 | (Abstract) The evolution of an increasingly globalized market has resulted in the expansion of international trade through transnational data flows. Standard contractual clauses (SCC) are one of the most commonly used legal bases for transferring personal data beyond EU borders. The new Decision of the Commission on SCC represents a major innovation for the transfers of data. This Highlight offers an overview of the model clauses and addresses some of its new features, especially as to the relationship with art. 3(2) of Regulation (EU) 679/2016.

Copyright of Revista Opinião Jurídica is the property of Revista Opiniao Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Health institutions are places where personal health data is intensively processed and maintained. These data are collected and processed during each examination and treatment. All kinds of information regarding the mental and physical health of a person may be considered within the field of personal health data. Hence, there are some data that every patient has to share with the administration in the process of examination and treatment. This data may be related to the health and sexuality of the individual and socio-demographic. It has become easier to obtain and process the personal health data. The protection of information is regulated as a fundamental right in various agreements at international level. With the development of information technology, it is necessary to provide personal data security and to take comprehensive protection measures by the administration. This review article aims to to explain the legal responsibility of the administration in the light of the decisions of the European Court of Human Rights and the Supreme Administrative Court by presenting the importance of ensuring privacy and the protection of personal health data in health care providers. In addition, suggestions for the protection of personal health data were presented during the conduct of administrative health activities.

Social networking services provide services in return for rights to commercialize users' personal data. We argue that what makes this transaction permissible is not users' autonomous consent but the provision of sufficiently valuable opportunities to exchange data for services. We argue that the value of these opportunities should be assessed for both (a) a range of users with different decision-making abilities and (b) third parties. We conclude that regulation should shift from aiming to ensure autonomous consent towards ensuring that users face options that they will use to advance individual and common interests. [ABSTRACT FROM AUTHOR]

The rapid development of computer technology over the past decades has brought about countless benefits across industries and social benefits as well—constant interpersonal connectivity is facilitated through numerous communication channels and social media outlets, energy-producing enterprises employ complex machinery management systems for increased efficiency, ease of access and safety, hedge funds make use of high-frequency trading algorithms to engage in trades happening at a fraction of a second, while medical professionals use predictive technologies to diagnose diseases and forecast viral outbreaks. Widespread adoption of technology necessitated the creation of regulatory frameworks that would ensure the safeguarding of rights and regulatory and judicial supervision over the exploitation of high technology. one such framework is the Gdpr, created due to the need for a comprehensive, contemporary legal regime governing the processing of personal data in a time when such data has become a commodity that is traded and sold in return for services or financial gain. However, in the authors’ view, the Gdpr suffers in terms of efficacy in the context of artificial intelligence-based technologies, and full compliance of data controllers and processors employing such technologies is unlikely to be achieved, particularly in regards to the right to information, the general principle of transparency and the right to erasure. The article provides an overview of these issues, including a discussion on the movement towards a regime of data ownership, and proposes legislative amendments as an effective method of mitigating these drawbacks.

Even in pandemic times everyday life involves the conclusion of contracts written on paper, which in turn involves the processing of personal data not only for the performance of the contracts to which a data subject is party, but also in order to take steps at the request of the data subject prior to entering into a contract. In this regard Article 6 (1) (b) of the General Data Protection Regulation provides the legal basis that ensures the lawfulness of processing. This short article examines the limits of using this legal basis for personal data processing in the context of the controllers' obligations and the rights of the data subjects. The primary conclusion is that, although any contract can ensure the legality of personal data processing, not all personal data may be necessary for the performance of the contract, in which case another ground of processing must be used for the rest of the personal data processed, which in turn requires a thorough understanding of Regulation (EU) 2016/679 for an implementation of its provisions in their spirit and letter, the more so as an implementation of the General Data Protection Regulation limited to the preparation of documentation on the conformity of processing has no other effect than to turn it into a dead letter. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The study seeks to highlight the most important legal guarantees provided by the law 18-07 on the protection of natural persons in the field of processing personal data, which stand out the gravity of the means of modern information technology of private life when the process of collection and storage of nominal data and operation and also when extracting this information from the memory of the intelligent system and its delivery to others, regardless of whether it is handled by a public or private person or even a natural person. It is therefore necessary to protect the rights of the person concerned with the treatment and to strengthen them with the legal guarantees that prevent the possibility of being attacked by the responsible for the processing or sub-processor or even by others as a violation of the privacy of natural persons in the scope of electronic information society.

The paper discusses the fundamental principles of personal data processing enshrined in EU Regulation No. 2016/679: legality, fairness, and transparency; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality; responsibility (accountability). The need to study and implement the requirements outlined in the regulations is related to the extraterritorial nature of its operation and the potential possibility of extending its operation to Russian companies providing services and selling goods in the European Union countries. The Author gives comments regarding each principle on the difficulties of implementation and recommendations on their application, as well as some critical comments. The Author covers the disclosure of each of the principles in other articles of the Regulations and demonstrates the interaction of these principles with each other.

Copyright of Dokuz Eylül Üniversitesi Hemsirelik Fakültesi Elektronik Dergisi is the property of Dokuz Eylul Universitesi Hemsirelik Fakultesi Elektronik Dergisi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Transition: Journal of Economic & Politics of Transition / Tranzicija: Časopis za Ekonomiju i Politiku Tranzicije is the property of Ekonomski Institut Tuzla and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The rapid development of computer technology over the past decades has brought about countless benefits across industries and social benefits as well--constant interpersonal connectivity is facilitated through numerous communication channels and social media outlets, energy-producing enterprises employ complex machinery management systems for increased efficiency, ease of access and safety, hedge funds make use of high-frequency trading algorithms to engage in trades happening at a fraction of a second, while medical professionals use predictive technologies to diagnose diseases and forecast viral outbreaks. Widespread adoption of technology necessitated the creation of regulatory frameworks that would ensure the safeguarding of rights and regulatory and judicial supervision over the exploitation of high technology. one such framework is the Gdpr, created due to the need for a comprehensive, contemporary legal regime governing the processing of personal data in a time when such data has become a commodity that is traded and sold in return for services or financial gain. However, in the authors' view, the Gdpr suffers in terms of efficacy in the context of artificial intelligence-based technologies, and full compliance of data controllers and processors employing such technologies is unlikely to be achieved, particularly in regards to the right to information, the general principle of transparency and the right to erasure. The article provides an overview of these issues, including a discussion on the movement towards a regime of data ownership, and proposes legislative amendments as an effective method of mitigating these drawbacks. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Introduction/background: The protection of personal data, as the protection of information on natural persons by entities which hold it, is currently a topic of considerable interest. Proper protection of personal data is closely related to the way the organisation is managed. Lack of management awareness of the dangers of inappropriate procedures in this respect can lead to abuse and even crime, e.g. identity theft. In the light of doubts as to whether to rely on existing solutions or build a system from scratch, there are many research problems in this area. Aim of the paper: The cognitive goal of this article is to analyse the basics of building a system of personal data protection in the scope of creating new internal regulations and to indicate the role of the Data Protection Officer, while the utilitarian goal is to analyse the case of a request to erase the processed data. Materials and methods: A selected organisation was studied, where a process map with a detailed description of actions was drawn up on the basis of participant observation and direct interviews. Results and conclusions: The conclusions indicate that the Data Protection Officer may perform the function of a person responsible for the system. However, their activities must be supported by information obtained from within the organisation. Therefore, it is important to involve the highest management in the development of the personal data protection system. The foundations for creating a procedure to handle the request for erasure of personal data were also indicated. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The most important aim of this study is to propose a model for protecting citizens’ information privacy in e-Government for developing countries. This study develops theoretical foundations and models of e-Government in judicial-legal dimension. The methodology of this study is qualitative including documentary study, content analysis and comparative study. Statistical population of this study includes 58 countries with information privacy act which 11 countries were selected by judgment sampling for documentary study. These countries include:, England, Canada, France, Germany, Spain, Italy, Norway, Sweden, Ireland, Belgium and Republic of Korea. Proposed model of this study includes seven dimensions: (1) data collection obligations, (2) data use obligations, (3) data retention obligations, (4) data disclosure obligations, (5) data subject rights, (6) controller responsibilities and (7) obligations of accessing to data by citizen. Of 124 identified obligations for protecting citizens’ information privacy in e-Government as indexes of these dimensions, 105 obligations have a weight over 0.5 and can be a pattern for developing countries in order to regulate the e-Government development in the in the field of citizens’ information privacy protection as standard principles. It is hoped that the proposed model of this study would help developing countries in order to protect citizens’ information privacy in e-Government.

In this short paper we intend to examine the processing of personal data by the Romanian public administration authorities from the perspective of its lawfulness under the General Data Protection Regulation (GDPR). We will argue that the processing of personal data in violation of Regulation (EU) 2016/679 provisions for the purpose of issuing administrative acts by public authorities can affect not only the lawfulness of the latter, but such infringements lead also to the erosion of the concept of good administration, one of the key factors being that the Romanian Law 190/2018 on implementing measures for GDPR doesn't allow the possibility of imposing a contravention fine on public authorities when finding a GDPR infringement. [ABSTRACT FROM AUTHOR]

Copyright of Revista Româna de Dreptul Muncii is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The risk management was presented in the area of personal details processing and control mechanisms in the department of public finances were presented in this paper. In terms of control mechanisms the changes in the Personal Data Protection Act which is effective on 1 January 2015 was considered. The changes concern new role of an administrator of information safety.