Tranzicija, Vol. 24 No. 47, 2021.
Izvorni znanstveni članak
LEGAL DEROGATION FROM THE GENERAL DATA PROTECTION REGULATION (EU) 2016/679 (GDPR)
Mirko Smoljić
; Veleučilište „Lavoslav Ružička“ u Vukovaru
Ana Marija Vukić
orcid.org/0009-0006-8515-6419
; Veleučilište „Lavoslav Ružička“ u Vukovaru
Sažetak
The protection of individual swith regard to processing of personal data is a fundament alright, andArticle 8, paragraph 1 ofthe Charter of Fundamental Rights of the European Union states that every one has the right to protection of their personal data. The Implementation Act of the General Data Protection Regulation (NN 42/18) provides for the implementation of Regulation (EU) 2016/679 of the European Parliament and of the Councilof 27 April 2016 on the protection of individual swithregard to the processing of personal data and on the free move ment of such data data. The Regulation does not exclude the right of Member States to determine the circumstances of special processing situations, which includes a more precise definition of the condition sunder which the processing of personal data is law ful, iethelaw doesnot apply to the processing of personal data carried out byt he competent authorities for the purpose of preventing, investigating, detecting or persecuting criminal offenses or the execution of criminal sanctions, including protection against public safety threat sand their prevention, as well as inthe area of national security and defense. However, Article 47 oft heLaw on the Implementation of the General Data Protection Regulation states that inproceeding scond ucted against a public authority body, an administrative fine may not be imposed on anauthority of the publicauthority for infringement soft he same Laworthe General Data Protection Regulation,whichis a completed erogation from the purpose of the regulation inquestion and the exclusion from liability of those bodiest hat governal lrelevant state dat a bases.
Ključne riječi
personal data processing, legal deregulation.
Hrčak ID:
295055
URI
Datum izdavanja:
7.3.2023.
Posjeta: 321 *