Preliminary communication
https://doi.org/10.30925/zpfsr.40.1.11
THE RIGHT TO THE PROTECTION OF PERSONAL DATA AS A FUNDAMENTAL RIGHT AND LIABILITY FOR DAMAGE DUE TO ITS INFRINGEMENT
Maja Bukovac Puvača
orcid.org/0000-0003-3266-2108
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Armando Demark
; University of Rijeka, Faculty of Law, Rijeka, Croatia
Abstract
The right to the protection of personal data is recognized as a fundamental right by Art. 8. of the Charter of fundamental rights of the European Union. Since the end of May 2018, in all Member States the General Data Protection Regulation is directly applied, by which the right to the protection of personal data was completely Europeanized and former various systems of its protection have been abolished
within national legal systems. The Regulation caused a great interest of the public, primarily due to substantially increased supervisory competences of authorities for the protection of personal data and the amount of administrative monetary fees which may be imposed for infringements of its provisions. The Regulation in Art. 82. establishes a new regime of liability for damage caused by such a breach, from
which it is also expected to avert potential tortfeasors from illegal processing of personal data. Since the application of national rules regulating liability for damage is excluded, there has been a certain shift towards somewhat stricter liability (harder discharge of liability), the number of potentially liable persons has been increased with joint and several liability of the controller and processor, there is a possibility of
a very broad interpretation of the term „injured party“ and the right to compensation of non-material damage has been explicitly recognized (which was until then rarely recognized in national systems).
Keywords
protection of personal dana; fundamental right; the right to privacy; liability for damage; controller; processor; damage
Hrčak ID:
219393
URI
Publication date:
8.4.2019.
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