Application of Legal Instruments of Protection in the Field of Personal Data – Human Rights between Challenges and Limits
Application of Legal Instruments of Protection in the Field of Personal Data – Human Rights between Challenges and Limits

Author(s): Mădălina Botină, Marilena Marin
Subject(s): International Law, Human Rights and Humanitarian Law
Published by: Scientia Moralitas Research Institute
Keywords: human rights; personal data; sensitive data
Summary/Abstract: This paper proposes the analysis of a situation that may arise in the matter of personal data, when we talk about the protection of such data, as well as about the applicable legislation, referring to those legal instruments for the protection of personal data. Since the implementation of the legal texts also implies the confrontation with the reality or with the factual situation, the working hypothesis we propose is that of the limitations that appear regarding the exercise of what we generically call “human rights”. These limitations and the way in which the legislation has the capacity to deal in particular with respect for human rights, are challenges that we will analyze in our paper. As a working method, we chose qualitative analysis, observation and comparison, using various types of normative acts applicable in European countries. As a subject of analysis, I preferred the legislation within the European Union, as well as the Romanian legislation.

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