Principiul proporționalității în domeniul confidențialității și protecției datelor: Riscurile dezechilibrului raportului public – privat
The Principle of Proportionality in the Field of Data Protection and Privacy: The Risks of the Public-Private Relationship Imbalance

Author(s): Marius Catalin Mitrea
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Universul Juridic
Keywords: GDPR; Proportionality; Public; Private; Imbalance;
Summary/Abstract: Different from multiple points of view, but especially from a teleological perspective, both the public and private sectors are obliged to respect the principle of proportionality in the field of data protection and confidentiality. A principle of the European Union which essentially stipulates that the means used do not exceed the limit set by the minimum impairment of the rights and freedoms of the data subjects necessary to fulfill the purpose of the processing, the principle of proportionality has a different applicability, depending on the specific instruments for each sector. In the area of privacy and personal data protection, the relationship between the public sector (whose primary objective should be the public service) and the private sector (whose mainly objectives are profit making and economic development) cannot be addressed without a third element, namely the data subjects (natural persons, individuals). Influenced by the type of political regime (pluralist, totalitarian or mixed), the reporting of the two sectors to the data subjects is carried out by virtue of their qualities as citizens, respectively clients, with the related rights and obligations. Therefore, by violating the proportionality of the processing of data subjects, one sector would become more powerful than the other, a fact that would lead to functional imbalance. This research aims to identify the situations in which either the public or private sector abandons its specific purpose of a democratic state of law, violates the principle of proportionality and processes personal data contrary to the principles of Regulation (EU) 679/2016. One conclusion is certain: the possible desire to maximize authority and control at any cost, respectively profit, by violating the principle of proportionality, represents a serious slippage that strongly affects the whole society.

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