scholarly journals Autonomia informacyjna jednostki a zgoda na przetwarzanie przez pracodawcę danych osobowych

2020 ◽  
Vol 6(161) ◽  
pp. 47-67
Author(s):  
Karol Grzybowski

By adapting the provisions of the Labour Code to EU regulations on personal data protection, the legislator has explicitly allowed employers to process personal data of employees and applicants for employment on the basis of their consent. However, the new provisions exclude the processing of data on convictions on this basis and limit the possibility of giving effective consent to the processing of sensitive data. The article attempts to analyze the solutions adopted in the context of the constitutional guarantee of informational self-determination. The author defends the thesis that the provisions of Article 221a § 1 and Article 221b § 1 of the Labour Code disproportionately interfere with an individual’s right to dispose of data concerning him or her. These provisions do not meet the criterion of the intervention’s necessity. The protective goal of the regulation, as established by the legislator, may be achieved by means of the legal instruments indicated in the article, which do not undermine the freedom aspect of the informational self-determination.

Author(s):  
Judith Rauhofer

In this chapter the limits for the sphere of personal communications are set. Different understandings of the “right to be alone” or “the right to respect for private and family life” are provided. The significance of the information privacy is pointed out and the right to informational self-determination is deciphered. Having presented the substrate for personal data protection, a legal synopsis of the aforementioned subject is the concluding part of the chapter, with emphasis on data retention.


Cyber Crime ◽  
2013 ◽  
pp. 124-145
Author(s):  
Judith Rauhofer

In this chapter the limits for the sphere of personal communications are set. Different understandings of the “right to be alone” or “the right to respect for private and family life” are provided. The significance of the information privacy is pointed out and the right to informational self-determination is deciphered. Having presented the substrate for personal data protection, a legal synopsis of the aforementioned subject is the concluding part of the chapter, with emphasis on data retention.


Notaire ◽  
2019 ◽  
Vol 1 (2) ◽  
pp. 267
Author(s):  
Mahendri Putri Sholichah ◽  
Dewi Rumaisa

The growths of technology make the privacy of personal information become an important issue in most countries, including Indonesia. Utilization of personal data is common things in most of our activity within the cyberspace and in this case, even the advancement of technology cannot neglect the privacy of personal information. The abusing of the data record, especially the data that belongs to the personal data category, the information that exists within this data could go to the public when it is leaked. One of the cases related to the personal data abuse is registration of thirty mobile phone SIM cards using one person’s personal information without the consent of personal information owner. This paper explains about personal data cases related to the mobile phone SIM card registration, and from this case, some issues about the abusing of personal data will be taken as an example to give consideration for legislating personal data protection. Moreover, this paper also explores the purpose of personal data collection, sensitive data collection, limitation of data collection, storage of collected personal data, transfer of collected personal data, and deletion of collected personal data. This paper convinces the urgency drafting of personal data protection law for country likes Indonesia. Therefore it is hoped that this paper will become one of many considerations for the Indonesian government to include personal data protection law into their national legislation program and legislate the personal data protection law in recent times.


Author(s):  
Zhanna Pavlenko ◽  
Susanna Vodorezova

The comprehension of the content and volume of the concept of the electronic person in the conditions of digital reality is carried out. It is justified that the use of artificial autonomous agents, along with the benefits, is accompanied by a set of risks and should be seriously evaluated in terms of freedom, dignity, privacy, security, health, self-determination and non-discrimination, personal data protection, etc.


2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.


Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.


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