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Personal data protection in labour law relationship
Morávek, Jakub ; Bělina, Miroslav (advisor) ; Pichrt, Jan (referee) ; Brádlerová, Libuše (referee)
PERSONAL DATA PROTECTION IN LABOUR LAW RELATIONSHIP JUDr. Jakub Morávek The thesis is concerned with personnel data protection in connection with labour-law relationships. Personnel data protection issue is approached completely here and explanation of it is organically interconnected with cases of its use in labour-law relationships. Factually the thesis is output of grant-aided project GAUK No. 121009 "Personnel data protection in labour-law relationships" researcher of which the author was in the years 2009 - 2012. By no chance the name of above mentioned grant-aided project is identical with the name of the thesis. From the very beginning of the research of the project a monograph dealing with personnel data protection in the context of labour-law relationships, or more precisely thesis dealing with this topic that would be published, was planned as its output. Within four years of intense engagement in personnel data protection in labour-law relationships, in three of which the author worked on above mentioned project, almost thirty articles and papers in professional periodicals and collections,monograph anda rigorous thesis focused on personnel data protection in the process of employment relationship commencement, monograph focused on personnel data protection in the process of personnel...
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Personal data protection while carrying on business
Hricová, Kateřina ; Kryska, David (advisor) ; Millerová, Ivana (referee)
Personal data protection is only one of many specific fields of administrative law. In everyday life, personal data and their protection are quite wide area that deserves our full attention and it's possible to study it extensively. This diploma thesis deals specifically with personal data protection while processing them. First of all, it defines the right to privacy and the term personal data. Further, it deals with basic legal requirements concerning personal data processing based on Act no. 101/2000 Coll., on the protection of personal data, including transfer of personal data to other countries and its recent development in Safe Harbor principles that are rules for transfer of personal data into United States of America. Besides personal data being a unique tool to distinguish individuals from each other, they are a very useful and valuable tool in business too. Therefore the most common way of personal data processing is while carrying on a business. At the end of this thesis, some specific situations were chosen to demonstrate how entrepreneurs process personal data of their customers and other persons they come into contact with. Then the basic obligations of data processing are analyzed with respect to real situations.
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The right to be forgotten on the internet
Jůzová, Jana ; Papík, Richard (advisor) ; Šlerka, Josef (referee)
Diploma thesis The Right to be Forgotten on the Internet applies to the functions of Internet search engines, search algorithms and the impact of the digital footprint that on the Internet user essentially leaves. With this issue is, on the one hand, inseparably linked the protection of personal data in the online environment, on the other hand the constitutionally enshrined right to information and other fundamental rights. Not ignored should be also the risk of censorship of the Internet. An application of the right to be forgotten adds a whole new dimension to this problems. The right to be forgotten is inferred from the judgment of the European Court of Justice on 13 May 2014 in the case Costeja versus Google Spain, where an Internet user named Mario Costeja Gonzáles first succeeded with a request of removal of unflattering information about himself from results of the search engine Google. Thus a reform precedent will have a big impact on seeking information on the Internet in the future, since the pronouncement of the judgment about the removal of his personal data may ask any European Internet user. The thesis aims to analyze the issue of right to be forgotten in the context of searching for information on the Internet in the European Internet environment - it means not to be searched on the...
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Personal Rights and Privacy
Pavelec, Tomáš ; Frinta, Ondřej (referee) ; Šustek, Petr (referee)
The aim of this study is to analyze the level of privacy of person in the Czech Republic and further analysis of the scope of protection of rights regarding honor, esteem, human dignity and the protection of name with regard to current legislation and judicial decisions. I focused primarily on interventions, criticism, and collection of data and the possibility of receiving satisfaction. The issue was analyzed mainly on the basis of judgments that can also be used at time the effectiveness of current legislation, which is also based on the rulings of the ECHR.
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Information and Data Protection in Labour Law Relationships
Turoková-Hetešová, Alexandra ; Morávek, Jakub (advisor) ; Štangová, Věra (referee)
Information and Data Protection in Labour Law Relationships The thesis is concerned with the issue of personal data protection in labour-law relationships, as it mainly deals with cases where the employee's right to privacy collides with employer's right to property protection. The aim of the thesis is primarily to give a complex interpretation concerning personal data protection in the context of labour law. Besides, the author attempts to solve some questions whose practical application may cause problems and draws attention to frequent bad habits that happen at workplaces. The thesis consists of four chapters which are further divided into subchapters. In the outset of the thesis the author deals with basic legal framework of privacy protection of an individual, and personal data protection as part of privacy, both in Czech legislation and in the context of international law and European Union law. Next chapters explain selected key terminology that occurs in the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Act No. 101/2000 Coll., on Personal Data Protection and the Act No. 262/2006 Coll., Labour Code, and define basic principles that are...
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Personal data protection in labour-law relationschips
Valachová, Tereza ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
The submitted thesis deals with personal data protection in the context of labour-law relationships. This is an actual and discussed issue in current society, which has constitutional aspects as well. Due to the extensiveness of the topic, the aim of this thesis is not giving a comprehensive explanation of the personal data protection in labour-law relationships area. My effort is to perform the reader with this issue from the general introduction including a survey of the legislation and explanation of main concepts to outlining the fundamental principles of the legislation and focusing more thoroughly on the several selected questions. The thesis itself is divided into four chapters. In my thesis I am trying to point out to the most important court decisions and also the opinions of The Office for Personal Data Protection and The Article 29 Working Party. In the first chapter I deal with the concept of privacy, because I consider it to be a "foundation stone" of the whole issue of personal data protection. This chapter demonstrates how the concept of privacy has developed in the course of time, in the next chapter the legislation of privacy protection and, as well, a conflict with other values are pointed out. In the second chapter I focus on the legislation of privacy and personal data...
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Personal Data Protection in Labour Law Relationships
Langerová, Michaela ; Morávek, Jakub (advisor) ; Koldinská, Kristina (referee)
This thesis deals with personal data protection, it focuses on labour law relationships, in particular. The aim of the thesis is to analyze regulation of personal data protection; also, the paper elaborates on difficulties that could be caused by the processing of personal data of employee on the part of employer. The first section of the thesis discusses general basis which represents a solution to concrete cases that are mentioned in the second part. The first two chapters examine sources of the regulation of personal data protection on both levels - on a statutory and constitutional level and also on an international and the European Union level. The third chapter deals with the Office for Personal Data Protection and with its scope of activity, in particular. The following three chapters specify particular definitions and introduce legal regulation of the rights of a data subject on the one hand, and the obligations of a controller or a processor on the other hand. In the general part, a few examples of the processing of personal data by an employer can be found. Those examples are mentioned there to clarify unclear concepts and their definitions. The aim of the last chapter is to capture a range of possible examples of the processing of personal data, which can take place and actually does...
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Camera systems in public spaces - ensuring safety or endangering privacy?
Tokárová, Michaela ; Kysela, Jan (advisor) ; Mlsna, Petr (referee)
of the Thesis This thesis deals with a problem of surveillance in public spaces. In the introduction it was specifies that the main aim of the thesis is to give a complex view on the topic of surveillance cameras in public areas from the constitutional law perspective. In the Czech republic, no further discussion has developer and legislatively, the issue is only regulated by the personal data protection law. And this regulation is not even complex, it only deals with CCTV kind of cameras, excluding the ones without storing the data. In the beggining of the thesis I explai right to privacy and under which conditions it can be limited. The core of the paper deals with camera systems themselves, their use, pros, cons and effecitivity. Later I describe opinions of some offices and states on the topic. Proportionality test of the constitutional court and the ECHR to balance right to privacy with the state responsibility for public safety was conducted in the last part of the thesis. The advantage of CCTV is that thez provie impression of security to the citizens. They discourage potential perpetrators and help to maitain security of individuals, property and public interests, as well as detection, prevention and conviction of criminals. It helps securing proofs for future trials. On top of that, CCTV...
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Monitoring of employees during work
Holsteinová, Lenka ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
THE MONITORING EMPLOYEES AT WORK The thesis deals with the legal protection of privacy and property in connection with the employees monitoring. The legal practice solves this problematic area in a different ways, which makes this topic highly actual. The thesis is composed of six chapters, each of them describes important aspects of the employees monitoring. First two chapters are introductory and define basic terminology and legal principles related to the personal data protection. Chapter Three focuses on the privacy as a fundamental human right and points out the issue of the confrontation with other values. Possibilities to enforce the right of privacy are outlined in the last part of this chapter. Chapter Four examines relevant Czech legislation concerning employees monitoring and personal data protection in labor law relations. The means of employees monitoring are analyzed in Chapter Five, which is subdivided into five parts - camera surveillance systems, correspondence confidentiality, internet use, GPS localization and biometric identification and authentication. Chapter Six seeks to describe the relevant Czech case law and illustrates the approach to decision-making by the administrative authority. The thesis strives for the brief analysis of employees monitoring in terms of generally binding...
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Journalists and access to information
Koktová, Alena ; Hanák, Peter (advisor) ; Hájek, Roman (referee)
The aim of this thesis entitled Free access to information from the perspective of journalists is to find out how Czech journalists use the institute of free access to information. The work is based on analysis of specific articles published on the Czech news portals and in the newspapers and also on interviews with prominent Czech journalists, who provided their practical experience from practice. As a result, the thesis charts in which cases and with what success the journalists act according to the law on free access to information. Although the law provides only minimum of exceptions, in which statutory bodies may not provide the information, the actual practice does not respond to. Journalists are often confronted with all sorts of excuses why the office cannot provide the information. The most common reasons for denying the request for information is the protection of personal data, trade secrets and the condition of payment the costs of extremely extensive search. The structure of work corresponds to those reasons - first two sections contain an introduction to the issue of the right to information and freedom of access to information and the next three sections are devoted to the mentioned reasons why some authorities reject the requests of journalists. Each chapter contains a description...
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