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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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Protection of personal data in healthcare
Ryklová, Zuzana ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The thesis deals with the rules of the protection of personal data in the process of rendering healthcare. This topic is highly relevant because the act no. 89/2012 Coll., The Civil Code, came recently into force and influenced the topic of this thesis, mainly in case of the settlement called "The Healthcare". The work is divided into four chapters. The first chapter contains the most important legal sources for the protection of personal data in the process of rendering healthcare. The chapter also describes the major decisions of the European Court of Human Rights and the most important decisions of courts in Czech Republic. The second chapter deals with the protection of personality, right to privacy and with the protection of personal data. The protection of personal data in healthcare is undoubtedly a part of above mentioned rights. The third chapter deals with the duty of confidentiality of healthcare workers, the possibility of breaking the confidentiality and the legal liability for breach of a duty of confidentiality. The fourth chapter describes the regulation of medical records. The conclusion includes an evaluation of existing legal regulation and proposals de lege ferenda. The conclusion also contains topics which were not included in the thesis but due to their attractiveness are at...
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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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Personal rights of employees (focusing on the protection of personal data and personal employee data )
Hrabinová, Michaela ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
This thesis deals with the issue of personal law of employees. Above all, it focuses on protection of personal data, monitoring employees at workspace via camera systems and checking upon their e-mail communication or examining logs of websites. The work is divided into seven chapters, few of which are further separated to subchapters. The first half of the work is dedicated to theory; the following chapters describe the specific cases of interference into employees' privacy. The first chapter pictures history of law adjustment in the sphere of protection of privacy, respectively protection of personal data, which reaches not too far since its first development started after the Second World War. The second chapter contains definitions of the basic terms which are related to protection of personal data, for example the term personal data itself, subject of data or trustee and exekutor. In the third chapter there are the roots of laws to be found. This chapter is further divided to subchapters distinguishing particular types of law sources from the international, European and national sphere. The next, fourth chapter, describes the relation between personal data protection and labour law. It handles personal data processing in each phase of labour-law relations in separated subchapters, including the...
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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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