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Protection of personal data in the decision-making practice of the Office for Personal Data Protection
Lipanová, Kateřina ; Frinta, Ondřej (advisor) ; Salač, Josef (referee) ; Bajura, Jan (referee)
Protection of personal data in the decision-making practice of the Office for Personal Data Protection Abstract This work is devoted to the right to personal data protection, which is constitutionally protected in the Czech Republic. According to Article 10, paragraph 3 of the Charter of Fundamental Rights and Freedoms, which is part of the constitutional order of the Czech Republic, "Everyone has the right to protection against unauthorized collection, disclosure or other misuse of personal data". The right to personal data protection responds flexibly to global socio-technological developments, which reflects not only the European regulation of the right to personal data protection, but also the case law of European courts and the decision-making practice of individual European data protection authorities. The dissertation is divided into four separate parts (chapters), which are thematically related to personal data protection. The first chapter deals with the international and European development of the right to personal data protection and the development of the right to personal data protection in the Czech Republic. The second chapter contains the definition of basic terms and principles of personal data protection, the knowledge of which is essential for understanding this issue. The third chapter...
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Ochrana soukromí a osobních údajů v praxi obchodní společnosti
Ješina, Radim
Ješina, R. Protection of Privacy and Personal data in the practice of a business company. Diploma thesis. Brno: Mendel University in Brno, 2020. The thesis is focused on the issues of protection of privacy and personal data in business companies. The literary research defines basic concepts, legisla-tive base of the protection of privacy and personal data, rights and obligations of involved parties and the consequences of violations. The research deals with the analysis of adhering the protection of privacy and personal data in the selected business companies. The result of comparison of performed analysis with the valid laws of Czech Republic and European Union are proposals for specific corrective measures leading to remedy of the unsatis-factory situation including the economic aspect.
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Right to be forgotten as part of personality rights
Vítek, Dominik ; Elischer, David (advisor) ; Rozehnal, Aleš (referee) ; Šustek, Petr (referee)
Dominik Vítek 1 Abstract - Right to be forgotten as part of personality rights Right to be forgotten (or also right to oblivion) is a new phenomenon formed by the Court of Justice of the European Union in 2014 in the case of Google Spain. The right was then enacted as part of the General Data Protection Regulation and consequently became applicable throughout the EU and EEA since 25 May 2018. This thesis goes beyond the scope of personal data protection (under the GDPR) and considers whether the right to be forgotten forms a part of the personality and the right to privacy as such, thus being protected as a fundamental human right. On this basis, it also considers whether not only individuals but also legal entities could benefit from the right to be forgotten. These questions are assessed in view of the conflict of fundamental human rights and their proportionality test - right to privacy (also relying on and stemming from human inviolability and dignity) as balanced against other human rights, in particular, freedom to speech and freedom of information that need to be evaluated when performing the right be forgotten. It is also necessary to consider the purpose and fundamental principles of privacy and its protection and the purpose of forgetting and its meaning for individuals and society as a whole. All...
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The role of the right of access to personal data within data protection law
Semanová, Simona ; Exner, Jan (advisor) ; Kunertová, Tereza (referee)
Nowadays, when the world is full of technological transformations and digitalisation, surveillance, and a global flow of personal data, it is necessary to have the possibility of adequate protection of personal data. Such protection is more effective when data subjects are aware of the rights granted to them under data protection law and thus are able to effectively exercise them. In order to do so, they have to be informed of certain aspects of their personal data processing that is carried out by a particular controller. The right to be informed and the right of access to personal data were designed to ensure that data subjects have that necessary information. This thesis focuses on the right of access to personal data and raises the question about the extent to which this right determines the effectiveness of the protection of personal data. In order to answer this question, the author firstly deals with the right to data protection in general to explain its basic concepts, which is necessary to grasp the aim of this thesis. This is followed by discussing the general aspects of data subject rights, including the determination of principles that need to be adhered to under data protection law. Subsequently, the right to be informed, strongly correlated with the right of access to personal data,...
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Protection of Personal Data in Healthcare and New Technologies
Steindler, Daniel ; Exner, Jan (advisor) ; Kunertová, Tereza (referee)
Protection of Personal Data in Healthcare and New Technologies (Abstract) Abstract: Technological developments are advancing incomparably faster than legal developments can keep up with. It can be seen very intensively in healthcare, which affects the most important areas of all of our lives, and in which we also encounter very sensitive and important data. Due to this rapid process of change, there is a lack of the application of human rights in some areas. It is therefore necessary to constantly monitor whether the current legal framework is broad enough to be able to properly cover new technologies as well, thus securing the people who use these technologies. The "theoretically principled" viewpoint that GDPR accepted is showing to be lacking behind when we arrive at the clash between personal data protection legislation and the private sector, which is most often represented by the big technological companies with major share and influence over the personal data processing market. The legislation based on the system of commonly defined principles, values, and concepts, which was and still is efficiently used in most of our present legal system, cannot measure up with the technological advancements connected to the Big Data analytics. The modern technology can deduce any number of exact personal data...
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Legal aspects of Cloud computing . SaaS as a form of Cloud services
Ohnišťová, Markéta ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The thesis provides legal insight of the Cloud computing with a particular focus on a specific cloud service called software as a service (SaaS). There are discussed all cloud services and distribution models of the cloud infrastructure as well as its legal aspects. The thesis analyses legal requirements of contractual provisions for a provision of the SaaS services. The substantial part deals also with types of licenses, which can be used in relation to the provision of the SaaS services. The practical part of the thesis firstly contains above all the legal framework of data protection and its legal requirements on contractual relation between provider and customer of the cloud Services. Secondly the abovementioned part provides a comparison between contractual provisions related to the processing and protection of data between two contracts, Google Apps for Work and Microsoft Office 365. Keywords Cloud computing, cloud, software as a service (SaaS), data protection, contract
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Unauthorized Disposal of Personal data
Jaroš, Ján ; Vokoun, Rudolf (advisor) ; Říha, Jiří (referee)
The submitted rigorous thesis deals with the unauthorized use of personal data in the Czech criminal law. The thesis particularly focuses on the interpretation of the concept of personal data, the processing of personal data, the criminal offense, the principle of subsidiarity criminal repression and further on the research of two conflicting rights too - the right to protection of information (personal data) and the right to information. The complexity and legal uncertainty is primarily caused by judicial practice, which is in the interpretation of individual terms inconsistent, although professional literature and the public point of view on the interpretation of so-called "borderline cases" is unified. Amendment to the Acts, the Criminal Code and related laws, do not always solve problem areas ideally" and therefore opinions issued by "bodies active in criminal proceedings" and administrative authorities contribute to the unification of procedures and interpretations. The rigorous thesis also focuses on the application of the "ultima ratio" which should be taken into account in decision making if a crime or an offense was committed. Unless the facts of the crime and the offense not met the rule of law offers a number of means, which the defective condition, that involves unauthorized processing...
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Disinhibition forms and manifestations
Vesecká, Iva ; Fonferová, Ľudmila (advisor) ; Sluková, Petra Zia (referee)
The bachelor thesis "Disinhibition forms and manifestation" focuses on the internet communication. Nowadays, mobile phones, Internet and other communication devices can use the Internet or your mobile phone to communicate for hours. Start of thesis deals with an introduction to the history of the Internet and cyberspace as an environment in which the Internet is. Then he deals with basic psychological aspects of communication in cyberspace. It represents a typical group of victims, and various methods of attack. It points out the advantages and disadvantages of Internet and social networks and their dangers, but also on the positive aspects of social networks and the Internet for young people. The bachelor thesis can be used as a source of information to all who are interested in communicating on the Internet. And as a further inspiration to those who explore this area of communication.
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Legal aspects of the current personal data protection developments
Tumpachová, Kateřina ; Pítrová, Lenka (advisor) ; Svoboda, Petr (referee)
This doctoral thesis is divided into ten chapters in which, together with the introduction and conclusion, it aims to describe and analyse the current development of legal regulation of personal data protection, especially from a substantive law perspective. The thesis analyses the existing legal regulations of the European Union, implemented in the legal frame of the Czech Republic compared to the new General Data Protection Regulation, which unifies the legal framework for the personal data protection in the whole European Union. The first chapter of the thesis describes in brief the development of the personal data protection legal framework, from the establishment of the right to personal data protection in human rights declarations to the gaining its independence from the right to privacy. Furthermore, the relevant OECD Guidelines and Convention 108, which plays a crucial role in the field of personal data protection, are described. The development of the legal regulation of personal data protection in the European Union, together with the development of legislation in the Czech Republic, which also meant the necessary implementation of EU regulations into the Czech legal order with the accession of the Czech Republic to the European Union, are described. The second chapter describes in detail...
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