Despre accesul la justiţie pentru apărarea dreptului la protecţia datelor cu caracter personal în lumina Deciziei nr. 3560 din 16 iunie 2022 a Înaltei Curţi de Casaţie şi Justiţie
On the Access to Justice for the Defense of the Right to the Protection of Personal Data in the Light of Decision no. 3569 From 16 June 2022 of the High Court of Cassation and Justice

Summary/Abstract: In a pandemic context, in addition to the efforts to limit the spread of the new coronavirus, the protection of individuals with regard to the processing of personal data must not be neglected either. During the state of alert, in order to implement the measures provided by Law no. 55 of 15 May 2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, the Government adopted decisions. These measures could be instituted for the purpose of protecting the rights to life, to physical integrity and to the protection of health, including by restricting the exercise of other fundamental rights or freedoms. Some of these government decisions have imposed on some controllers an obligation to process, at least by consultation, data contained in the EU Digital COVID Certificate, that is, including health data. However, at least in one case, the judicial control of the legality of these restrictions could not be achieved because the High Court of Cassation and Justice considered being correct the solution given by the first instance on the exception of the inadmissibility of the action for lack of prior administrative complaint. Therefore, the present study aims to highlight a possible violation of the right of access to justice when defending the right to the protection of personal data.

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