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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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Protection of personal data
Nutilová, Helena ; Prášková, Helena (advisor) ; Mikule, Leoš (referee) ; Mates, Pavel (referee)
The primary aim of this dissertation thesis is to present a comprehensive analysis of the issue of personal data protection in the Czech Republic with regard to the regulation in the EU. The secondary goal of this work is to explore the historical genesis and material sources of the issue in question. The core information sources from which the thesis draws represent laws, judicial decisions, official documents and Czech/foreign expert literature. In order to achieve the objectives of the work, the methods that are generally applicable in the field of legal science were used. Therefore the method of description (including classification), analysis and synthesis is mostly applied. The dissertation consists of seven chapters. After a short introduction, it begins with a sociological treatise on the importance of the protection of personal data in the 21st century. Privacy is currently an important topic in the light of the rapid development of information and communication technologies which have been developing since the second half of the 20th century and burgeoned since the turn of the century. Technological innovations allow for the collection of personal data on a large scale. These privacy infringements can prove to be irreversible, hence the importance of this area of law. The personal data...
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Protection of personal data in the labour-law relations
Pošvářová, Tereza ; Štefko, Martin (advisor) ; Pichrt, Jan (referee)
The key objective of this thesis is to introduce a comprehensive analysis of the issue on personal data protection in employment relations, including the set of regulations taken within the European Union. Later, the work also outlines the issue from the perspective of the employer and its protection of property interests. The major information sources from on which the thesis is based are represented by laws, judicial decisions, official documents and Czech/foreign professional literature related to the topic. In order to achieve the appointed objectives, it was necessary to define various research methods, such as description, analysis and synthesis. The work consists of ten chapters. The introductory part is followed by the analysis of legal regulations in the Czech Republic and the European Union. Later, the analysis of the concepts of privacy and personal data, their interconnection, followed by the analysis of specific elements in the area of personal data protection is described. The second part of the thesis focuses on the issue of personal data protection in the employment relations. Finally, the conclusion of the work concentrates on the property interests of the employer. The aforesaid analysis of information sources revealed that the system of personal data protection in employment...
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Personal data protection in labor relations
Žůrek, Jiří ; Štangová, Věra (advisor) ; Vysokajová, Margerita (referee)
The author deals with issues of personal data processing in labor relations and the problems which arise in everyday practice. A substantial part of the work is about subjects which are processing personal data and their particular responsibilities. The author proceeds from relevant decisions and opinions of the supervisory body, the Office for Personal Data Protection. The thesis also analyzes particular personal data which are processed by the employer. In this context the author analyzes in detail the decision of the Supreme Administrative Court in connection with the issue of communicating of salaries and compensation of civil servants under the Act No. 106/1999 Coll. Freedom on Information, as amended. The author concluded that the current wording of Act No. 106/1999 Coll. can't be used to communicate the information on salary or remuneration of state employees. The last chapter is dedicated to possibilities of using modern means used to protect the rights and legitimate interests of employers, which process personal data of employees. In this regard, the author expresses opinion on the appropriateness of adopting special legislation that would regulate unequivocally the possibility to use these modern means in labor relations.
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Application of Act No. 101/2000 Code, about Personal data protection in education practise
Santner, Jaroslav ; Kitzberger, Jindřich (advisor) ; Nosková, Lenka (referee)
This thesis deals with problems of personal data protection at the schools which provide elementary education (elementary schools, practical elementary schools and special elementary schools) in region Ústí nad Labem. The thesis is divided into three parts: handover of pupils' personal data when they change the school, publication of pupils' work, photos and videorecordings during the school presentation, e.g. at the exhibitions, in school magazine or on the internet and using of camera systems at schools. The aim of this thesis is to find the optimal and the legal procedure and together with questionnaire survey compare it with real practice at the elementary schools in region of Ústí nad Labem. There were used recommendations, standpoints and interpretations of authorities (Ministry of Education, Regional council, Czech school inspection, Institution for personal data protection) in this thesis.
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Surveillance and Ethics
Slavíček, Daniel ; Pinc, Zdeněk (advisor) ; Marcelli, Miroslav (referee) ; Fulka, Josef (referee)
The theme of the dissertation is surveillance. Its aim is to answer the following question: up to what extend do we live in a society, which may be described as a surveillance society. For this purpose it defines, what is meant by surveillance, how surveillance evolved through history, which theories relevantly describe this phenomenon and in which spheres surveillance is notable. The dissertation introduces the main theories of the multi-disciplinary field of surveillance studies, which has been developing over the last twenty years. Special attention is focused on CCTV systems. At the same time, the thesis focuses on ethical problems of surveillance, i.e. privacy, discrimination, social exclusion, transparency and responsibility.
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Personal data protection in employment formation
Morávek, Jakub ; Pichrt, Jan (advisor) ; Hůrka, Petr (referee)
1 Resumé Personal data protection in employment formation This thesis is concerned with the questions of personal data protection in connection with labor-law relationships. In the concrete the author focuses on personal data protection in formation of the employment. First the author deals with general legal basis of the issue and, consequently, the author analyses personal data protection in positive law, namely in the Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. The author examines in detail some questionable duties of the employer connected with processing of personal data of his employees and, at the same time, refers to the imperfection of transposition of the Directive 95/46/ES 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 these data. On the basis of given comments the author in the general level presents the scope of personal data that can be requested by the employer from the employee in formation of the employment. The author deals with often discussed cases of processing of personal data in the labor-law relationship as for example using of the employee 's photography, recording his family relationships etc. By means of practical example of...
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