ON THE ASPECTS OF PROTECTION OF PERSONAL DATA AS A KEY ELEMENT OF PRIVACY LAW
Journal: International Scientific Journal "Internauka" (Vol.4, No. 50)Publication Date: 2018-05-31
Authors : Asirian Siuzanna; Harkalo Yuliia;
Page : 12-17
Keywords : personal data; data subject; processing of personal data; legality of processing; basis of processing; purpose of processing; special categories of processing; right to freedom of expression; right to privacy;
Abstract
The article analyzes and discloses the issues of protection of personal data in the context of the adoption of a normative act that differently determines the problems associated with the familiarization, processing and use of personal data. There is provided a comparative legal analysis of the provisions of Directive 95/46 / EC "On the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data" concerning to the General Provisions for the Protection of Personal Data (GDPR). The scope of application of the Regulation is determined in comparison with the Directive. The process of machining of personal data with the nomination of the basic requirements for recognizing the legality of such processing with the definition of the grounds for the purpose and the purpose is studied. Also there is provided a clearly regulated variety of possible relationships that arise in connection with the need for processing personal data. In order to avoid violations of the access to such data there is determined security limits and cases of use and processing of this data without violating these limits. The concept of "age of the digital era" is analyzed, because such question just goes to the area of research and only begins to be studied by lawyers, in particular the national scientific community. There is a considerable influence of the Regulation on future changes in the field of application and data protection, thereby directly on issues related to the right of privacy of personal information. It gives a distinction between the concepts of the right to freedom of expression and the right to privacy, with the definition of their application in the aspect of the use of personal data. The differences between privacy and freedom of expression are identified, pointing out the fine line between these two phenomena, and paying attention to the importance of not protecting the right of privacy is not contrary to freedom of expression. Based on these studies, the principles of the relationship between the right of privacy and the right of freedom of expression are formed.
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