Critical view on the compliance with the rules regarding the protection of personal data in the context of the recent electoral process for the election of the President of Romania Cover Image
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Privire critică asupra respectării normelor privind protecţia datelor cu caracter personal în contextul desfăşurării recentului proces electoral de alegere a Preşedintelui României
Critical view on the compliance with the rules regarding the protection of personal data in the context of the recent electoral process for the election of the President of Romania

Author(s): Nicolae Ploesteanu, Adrian Vasile Boantă, Marius Dumitrescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: electoral process; legal basis; personal data; legitimate interest; performing a task of public interest; art. 6 and 9 of the GDPR;

Summary/Abstract: The present study, which has as a premise the negative impact that has occurred on the conduct of the electoral process, given the large number of disputes arising and reported including by the media on this topic, aims to establish the legal basis on which the provision of personal data can take place, at the request of a political party, from the additional electoral lists, taking into account the possibility of risks that may appear to the personal data and if we are, in such a situation, in the presence of a special category of data. In this context, it is of interest to analyze articles 6 and 9 of the General Data Protection Regulation, especially if the two articles are mutually exclusive. At the same time, the present research aims to find an answer to the dilemma regarding the existence of a concordance between the GDPR standards and the national legislation, and the obligation of the president of the electoral bureau of the polling station to verify the legitimate interest of the political party requesting the copies of the additional electoral lists.

  • Issue Year: 2020
  • Issue No: 01
  • Page Range: 38-49
  • Page Count: 12
  • Language: Romanian