Necesitatea optimizării confidențialității și protecției datelor cu caracter personal prelucrate de către asociațiile de proprietari în contextul efectelor pandemice
The Need to Optimize the Confidentiality and Protection of Personal Data Processed by Owners' Associations in the Context of Pandemic Effects

Author(s): Marius Catalin Mitrea
Subject(s): Social Sciences, Economy, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Health and medicine and law, ICT Information and Communications Technologies
Published by: Universul Juridic
Keywords: Owners' associations; privacy; data protection; digitization; GDPR; legislative amendments;
Summary/Abstract: The COVID-19 pandemic represents the cause that has determined in the contemporary society more changes of mentalities, mechanisms, paradigms, customs, legal norms. By penetrating almost all domains, in a measure directly proportional to the degree of international interconnectivity and social flow, the influence of the pandemic ultimately led either to the cessation of ongoing activities or to their optimization by digitization, both having as purpose the limitation of the viral spread. Of course, digitization can be the solution, but all the changes listed at the beginning of the exposure cannot be made in a uniform and coordinated way, nor with the same degree of progress and success. Left in the external sphere of decision-makers 'concerns regarding digitalization, the owners' associations coexist, based on Law 196/2018, a new law, in the old spirit. A law that does not provide the possibility of organizing General Assemblies in a secure hybrid system, which does not explicitly provide for the exercise of the agreements of the owners in electronic format, thus remained the "classic" custom of expression, door to door, based on a table in physical format. A law that does not provide for the possibility of electronic information of the owners regarding the convocations of the General Assemblies (but only based on a convening table or by physical mail, by registered letter), and which does not regulate the way of ensuring confidentiality and data protection in specific activities (correspondence, nominal agreement tables, maintenance lists, processing log, video surveillance, etc.). In this scientific approach, we will identify the practical needs of the owners' associations in 2022 and we will formulate proposals for legislative changes to ensure both the achievement of optimal operational capabilities, implementable even in crisis situations, and optimizing the confidentiality of data protection processed in current activities, by virtue of their assets necessary for the proper functioning.

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