Noţiunea de date cu caracter personal şi temeiul prelucrării lor în activitatea de executare silită din perspectiva Regulamentului (UE) 2016/679
The notion of personal data and the basis of their processing in the enforcement activity from the perspective of Regulation (EU) 2016/679

Summary/Abstract: Starting from the fact that a good definition of the terms used helps to discover the scope of the regulations, to notice the nature of legal institutions and, therefore, to ensure a better application of the norm, the present study aims to clarify the concepts of „data with personal character” and their „processing” by reference to the provisions of Regulation (EU) 2016/679 (RGPD) and to the jurisprudence of the Court of Justice of the European Union (CJEU) in this matter, in order to identify aspects that interest enforcement. After an exemplary enumeration of the categories of personal data that are processed within the enforcement activity is carried out, the analysis is focused on identifying the legal basis for the processing of this data. Alternatively, given that the existence of a legal basis for the processing, in the sense of art. 6 para. (1) RGPD does not exclude the hypothesis that, through the ways in which it is carried out, the processing may still become illegal, in the final part of the study, we discuss two cases that may raise problems, namely the situation when monitoring systems are used in the bailiff's office by means of electronic communications and/or by means of video surveillance, and the second situation concerns the obligation to respect the right of the data subject to be informed about the transmission of his personal data to a public authority or a third person.

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