ОГРАНИЧАВАЊЕ ПРИВАТНОСТИ ДРЖАВНОМ ИНТЕРВЕНЦИЈОМ ЗАСНОВАНОЈ НА ПРИМЕНИ ИНФОРМАЦИОНИХ ТЕХНОЛОГИЈА
Limiting Privacy by State Intervention based on the Application of Information Technologies

Summary/Abstract: In this paper, the author deals with an aspect of privacy involving personal data, which are frequently subject to different forms of state intervention in the contemporary legal systems. The intervention of the contemporary legal state is most prominent in the application of information technologies, which generate ample opportunities for encroaching on the privacy of an individual. Being legally grounded, this intrusion into one’s private life by collecting, processing and using one’s personal data by the state and governing authorities (“holders of imperium”) may be a valid expression of different public interests. In spite of being valid and legally grounded, this interference with one’s privacy may be either justified (legitimate) or unjustified (illegitimate). The justified limitation may be imposed due to “an actual public interest“, whereas the essence of the unjustified limitation is “a simulated public interest” which conceals the need of the governing authorities to encroach on the freedoms of an individual. In particular, the author focuses on the unjustified limitation of an individual’s privacy, particularly given the fact that the use of new information technologies in the contemporary information society changes the nature and the purpose of conventional/ traditional forms of state intervention into one’s privacy. The author endeavours to provide answer to the posed questions by analyzing typical cases in the Serbian legislation and comparative law.

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