Theoretical and practical issues relating to the right to the protection of personal data

The legal regime of the right to the protection of personal data is of particular concern in the context of the technological developments that have as a consequence the increased collection and exchange of such data. Information technology and its development constitute forms of evolution of societ...

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Main Authors: Camelia Florentina Stoica, Marieta Safta
Format: Article
Language:English
Published: Bucharest University of Economic Studies 2015-12-01
Series:Juridical Tribune
Subjects:
Online Access:http://tribunajuridica.eu/arhiva/An5v2/6%20Stoica.pdf
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author Camelia Florentina Stoica
Marieta Safta
author_facet Camelia Florentina Stoica
Marieta Safta
author_sort Camelia Florentina Stoica
collection DOAJ
description The legal regime of the right to the protection of personal data is of particular concern in the context of the technological developments that have as a consequence the increased collection and exchange of such data. Information technology and its development constitute forms of evolution of society, but this evolution must take place within the limits of and with respect for fundamental rights as regulated by States’ Constitutions and the relevant international documents. Having regard to the dynamics of these phenomena, timely and continuous adaptation of the legislation is undoubtedly difficult. As a result, an important role in the definition and guarantee of the right to the protection of personal data and the reconciliation with other fundamental rights that also need to be protected is played by national courts (particularly the constitutional courts) and international courts, obliged to carry out an evolutionary and at the same time consistent approach in this matter. The judges’ dialogue is thus the key to ensuring an effective protection of fundamental rights that need to be reconciled.
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spelling doaj.art-93cbd33598e24d17970500e7514339402024-04-08T07:43:00ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822015-12-015288105Theoretical and practical issues relating to the right to the protection of personal dataCamelia Florentina Stoica0Marieta Safta1Law Department, Bucharest University of Economic StudiesFaculty of Law,“Titu Maiorescu” University, BucharestThe legal regime of the right to the protection of personal data is of particular concern in the context of the technological developments that have as a consequence the increased collection and exchange of such data. Information technology and its development constitute forms of evolution of society, but this evolution must take place within the limits of and with respect for fundamental rights as regulated by States’ Constitutions and the relevant international documents. Having regard to the dynamics of these phenomena, timely and continuous adaptation of the legislation is undoubtedly difficult. As a result, an important role in the definition and guarantee of the right to the protection of personal data and the reconciliation with other fundamental rights that also need to be protected is played by national courts (particularly the constitutional courts) and international courts, obliged to carry out an evolutionary and at the same time consistent approach in this matter. The judges’ dialogue is thus the key to ensuring an effective protection of fundamental rights that need to be reconciled.http://tribunajuridica.eu/arhiva/An5v2/6%20Stoica.pdfright to the protection of personal dataright to informationreview of constitutionalityproportionality
spellingShingle Camelia Florentina Stoica
Marieta Safta
Theoretical and practical issues relating to the right to the protection of personal data
Juridical Tribune
right to the protection of personal data
right to information
review of constitutionality
proportionality
title Theoretical and practical issues relating to the right to the protection of personal data
title_full Theoretical and practical issues relating to the right to the protection of personal data
title_fullStr Theoretical and practical issues relating to the right to the protection of personal data
title_full_unstemmed Theoretical and practical issues relating to the right to the protection of personal data
title_short Theoretical and practical issues relating to the right to the protection of personal data
title_sort theoretical and practical issues relating to the right to the protection of personal data
topic right to the protection of personal data
right to information
review of constitutionality
proportionality
url http://tribunajuridica.eu/arhiva/An5v2/6%20Stoica.pdf
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