Militarii, protecția datelor personale și jurnalismul detractor. Legislație și jurisprudență (partea întâi)
The military, personal data protection and detractor journalism. Legislation and jurisprudence (part one)
Author(s): Florin Maciu, Armand MaciuSubject(s): Human Rights and Humanitarian Law, Security and defense, EU-Legislation
Published by: Carol I National Defence University Publishing House
Keywords: fundamental rights; conflict; proportionality; ECHR; CJEU; private life; protection of personal data; freedom of expression;
Summary/Abstract: Only a few fundamental rights are absolute. This means that the exercise of the others, which are relative, can be, sometimes, limited. Personal data protection belongs to this category; here, we must judge the right in relationship with the function that it fulfils in society and we have to balance it with the other fundamental rights, according to the principle of proportionality. We have been seeing that the right to private and family life, including the protection of personal data, on one hand, could collide with another fundamental right that has two branches – liberty of expression with the right to inform and to be informed, on another hand. The European Court of Human Rights and The Court of Justice of the European Union have taught us regulations in this respect.
Journal: Buletinul Universităţii Naţionale de Apărare »Carol I«
- Issue Year: 12/2023
- Issue No: 01
- Page Range: 141-154
- Page Count: 14
- Language: Romanian