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Protection of personal data in the course of rendering health care
Repovská, Ľudmila ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Protection of personal data in the course of rendering health care SUMMARY Medical treatment is based on trust. Patients coming to the medical facility often share details about their personal lives that could potentially embarrass or dishonour them and eventually discourage them from getting medical treatment at all. That is why patients seeking medical help need to know that those to whom they confide in are willing to keep the information private and discreet. This thesis will address the protection of personal data in the healthcare area and its main purpose is to provide complex analysis of the relevant legal framework, especially in the light of the recently passed legislation. Protection of personal data in the healthcare are is governed by two pieces of legislation - The Data Protection Act and The Healthcare Act. These statutes present main instruments by which the protection of patients' information is provided. The first part of the thesis examines the general principles of the data protection as they are outlined by the Data Protection Act. It also looks at the key terms of data protection, such as personal data, sensitive data, data subjects and processing and examines the role of the Data Protection Office. Second part the thesis deals with the duty of confidentiality and its personal,...
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The Right to the Protection of Personal Data in Article 8 of the Charter of Fundamental Rights of the European Union
Mádr, Petr ; Král, Richard (advisor) ; Zemánek, Jiří (referee)
This thesis deals with the fundamental right to the protection of personal data as enshrined in Article 8 of the Charter of Fundamental Rights of the European Union ('the Charter'). An analysis of the case law of the Court of Justice of the European Union (CJEU) on Article 8 of the Charter reveals an intriguing paradox: although this provision has been repeatedly invoked in order to enhance protection of personal data and has featured prominently in several far-reaching judgments (Digital Rights Ireland, Google Spain or Schrems), there is considerable uncertainty as to the substantive scope of the right to the protection of personal data. The relationship between the right to privacy and the right to data protection has proved difficult to untangle, and the autonomous nature of Article 8 of the Charter has not always been respected. The aim of the thesis is to analyse the purpose and content of this fundamental right with reference to the CJEU's case law and recent academic debate. This thesis is divided into four chapters. Chapter 1 provides an overview of the European legal framework for data protection and demonstrates the limited value of the 'Explanations relating to the Charter' in interpreting Article 8. Chapter 2 analyses the CJEU's approach to interpreting and applying Article 8, while Chapter 3 is...
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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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Personal Data Protection in Labour Law Relationships
Mlýnková, Alice ; Pichrt, Jan (advisor) ; Vysokajová, Margerita (referee)
Personal Data Protection in Labour Law Relationships The thesis deals with personal data protection in relation to employees as a subject of data and an employer as a person processing such data. At the beginning, general issues of personal data protection are analysed, including a short overview of data protection regulations within both an international and domestic context. The introductory part also includes an explanation of terminology and a description of individual rights and obligations in the field of data protection. In the following part the author concentrates on the regulation of disposal of particular types of personal data that are processed in relation to creation, duration or termination of labour law relationships, and also on the relationship between the Act No. 101/2000 Coll., on Personal Data Protection, and the Labour Code, as well as other related legislation. Attention is devoted to the extent of personal data that the employer may request from candidates for a vacancy, as well as to the necessity of the employee's consent to the processing of their personal data by the employer. This section also discusses inclusion of certain pieces of information, such as information about a health conditions, criminal convictions or photos, into a sensible data category. The last and...
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European legal aspects of the protection of the private and family life of the child
Matysová, Monika ; Scheu, Harald Christian (advisor) ; Morávek, Jakub (referee) ; Forejtová, Monika (referee)
This dissertation "European legal aspects of the protection of the private and family life of the child" focuses on the protection of privacy, particularly on data protection of children in the context of traditional and modern communication technologies. The family - parents plays the most important role in the environment of traditional and modern communication technologies for ensuring the right to privacy of children. Although the right to privacy and protection of personal data belongs directly to the child, parents have to provide the exercise of these rights of the child with regard to his/her age and mental capacity of the child. Particularly with regard to the constant development of modern technologies, it is possible to imagine that the increasingly threatening situations in terms of privacy and children's personal data will be more frequent. In selected cases, the analysis focuses on the question of who constitutes the cause of unlawful interference into the right of privacy, particularly data protection, individualization of the right or combination of rights to which an unlawful interference has been occurred and how the judicial authorities and national data protection authorities define in individual cases the permissible level of interference with the right to privacy and the...
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Selected issues in technological realization of European data protection
Kubica, Jan ; Navrátil, Petr (referee)
This thesis focuses on the legal regulation of selected aspects of the personal data protection at the European level. Fuelled by the technological progress, this area of legal regulation is becoming increasingly important, as the usage of personal data can be source of both innovation and economic progress, but it also has the potential to negatively impact individuals` rights ("chilling effect"). The thesis analyses the usage of big data and automated individual decision making; both phenomena are assessed through principles contained in GDPR. The aim of the thesis is to, as far as these two phenomena are concerned, evaluate functionality and perspectives of the European regulation. The thesis is, apart from the introduction and the conclusion, divided into three chapters. The first part briefly introduces the concept of the right to the protection of personal data and the fundamental legal framework of the European regulation. This chapter is followed by a chapter focused on the big data, in which, after a necessary technical introduction is made, current practices of data controllers are contrasted with corresponding principles of data protection regulation. Particular attention is also paid to the pitfalls of anonymization. At the end of this chapter, it is concluded that all relevant...
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Data Backup and Data Storages
Višňovec, Lukáš ; Chvátalová, Zuzana (referee) ; Kříž, Jiří (advisor)
This thesis focuses on the issues of data backup and protection. This data belongs to a company whose business is in the area of IoT. The company obtains the data from their customers, their own project or other documents. Until now the company has used cloud storage. Because of safety and growing requirements for the storage capacity this thesis deals with the design of safe local data storage for IoT and other archive data. A concept of data center with server storage is being proposed while the storage is divided in two parts. The first and bigger part is an IoT data storage and the second and smaller part focuses on archive server. The performance, safety and price requirements are also taken into account. Majority of the data is designed to be gradually trasfered from cloud to local storage by blocks. In the first block the changes needed and the following use of the cloud are being considered. The second block is the design of a safe and redundant network infrastructure. The third block is formed by the design of an own storage and the way of its backup with the use of redundant array of independent disks.
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Company Security Outline and Long Distance Connection Scheme
Hanáková, Dominika ; Novotný, Vít (referee) ; Ondrák, Viktor (advisor)
This bachelor’s thesis deals with the analysis of the security measures and remote access of the company. On the basis of this analysis it‘s boundaries have been defined, the individual assets, security threats and risks have been identified and current security measures evaluated. In the practical part of the thesis, I’m going to propose suggestions for improvement of the measurements. These measures should help the company with the protection of the assets and lower the risks of damage.
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Data Backup and Data Storages
Spáčil, Michael ; Novák, Lukáš (referee) ; Kříž, Jiří (advisor)
The diploma thesis is focused on the design of a backup system to increase the efficiency of working with stored data and increase the security of stored data. The analysis of the current state describes the company itself and also the backup system using the audit portal Zefis.cz. The following part describes the design of a new backup system that focuses on complexity using the cloud, magnetic tapes, and high server availability.
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Criminal law aspects of data electronization in healthcare
Karbanová, Jana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal law aspects of data electronization in healthcare Abstract Continuous spread of information and communication technologies into all aspects of everyday life goes hand in hand with importance of data and information. This trend can be also observed in the healthcare sector which has recently experienced massive electronization. However, along with electronization, respective criminal law aspects are developing as well. Relevancy of this issue can be clearly demonstrated on the recent cyber-attacks on healthcare providers, which seriously jeopardize valuable data in healthcare. The aim of this work is to set forth comprehensive summary of criminal aspects of data electronization in healthcare with emphasis on the importance of electronization phenomenon, the issue of cybercrime and selected crimes that may be committed in connection with data electronization. This work also aims at highlighting negative impact of electronization in the global information society. In terms of content, the work consists of five structured chapters, in which the author defined relevant theory behind the issue and subsequently performed her own analysis thereof. The first chapter defines the term "data" as well as its categories and legislative framework with emphasis on area of criminal law and related protection of...
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