Personal data protection law and its reform in the EU Cover Image

Ochrona danych osobowych i kierunki zmian w tej dziedzinie w prawie Unii Europejskiej
Personal data protection law and its reform in the EU

Author(s): Anastazja Gajda
Subject(s): Civil Law, EU-Accession / EU-DEvelopment
Published by: Szkoła Główna Handlowa w Warszawie
Keywords: European Union; personal data; protection; fundamental rights; reform of the data protection legal framework; proposal for a regulation; proposal for a directive

Summary/Abstract: The paper concentrates on the protection of personal data in the European Union. !e paper presents a comprehensive reform of the data protection framework, proposed by the European Commission in January 2012, including a policy Communication setting out the Commission's objectives and two legislative proposals: a regulation setting out a general EU framework for data protection and a directive on protecting personal data processed for the purposes of prevention, detection, investigation or prosecution of criminal o"ences and related judicial activities. Both proposals concern the question of ensuring e"ective protection of fundamental rights. !e analysis of the proposed legislation shows nevertheless that in this shape they do not lead to consistency and uniformity of the entire system of personal data protection in the EU. Signicant di"erences in both proposals concern including di"erent subject matter and material scope, e"ective protection of fundamental rights and the establishment of the hierarchy of the existing legal acts in this area.

  • Issue Year: 20/2014
  • Issue No: 4
  • Page Range: 59-91
  • Page Count: 33
  • Language: Polish