EUROPEAN LAW ENFORCEMENT PRACTICE ON THE PROTECTION OF PERSONAL DATA
Journal Title: Юридичний бюлетень - Year 2018, Vol 6, Issue
Abstract
The work is devoted to the topical issue of the certainty and effectiveness of law enforcement in the field of the protection and defense of human rights on the inviolability of his personal data as an element of the right to privacy. In this work, European legal approaches to ensure the human right to protect his personal data are examined. Particular attention is paid to effective legal mechanisms that are applied by European law enforcement agencies in this field. The caselaw of the European Court of Human Rights has been analyzed. The decisions of this institute were studied both in the field of judicial lawmaking and in the part of purely protective activity. It has been established that the jurisprudence of international organizations, and in particular the ECtHR, given the lack of proper regulation in the national legislation of the protective and legal mechanism for the protection of personal data in certain areas of their turnover and properly developed enforcement tools, is crucial for establishing the criteria for proper behavior of participants in relations. Because in judicial acts the content of regulatory prescriptions in each separate relation is specified and detailed in the plane of the owner of personal data − the subject of this data. After all, the precedent verdict is important not only for the participants in the dispute, it is crucial for the further construction of their relations in all states members of an international agreement. The paper studies the practical application of the principles of the protection of the right to privacy by European judicial institutions, including by interpreting or specifying legal regulations. The basic principles of European legislation, such as clarity and legitimacy of goals for collecting and processing personal data, the exact correspondence of the volume of requested personal data to the goals of their use, the storage of personal data no longer than necessary, are considered in detail with specific examples. Serious attention is paid in the article to the so-called judicial law-making, cord, resolving a specific dispute, law-enforcement body, commenting and adapting a specific act to the situation in question, sets the rules for the future behavior of participants in such relations, actually carrying out regulatory activities. The need for a broader implementation of a similar function of legal proceedings in the national legal system of Ukraine is noted.
Authors and Affiliations
Петро Дмитрович Гуйван
Keywords
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