|
|
The right to privacy in the context of data retention issues
Štefková, Adéla ; Antoš, Marek (advisor) ; Preuss, Ondřej (referee)
The right to privacy in the context of data retention issues Abstract The thesis deals with the issue of data retention in the context of the right to privacy. The thesis aims to map the development of the legal regulation of data retention both in national legislation and in the relevant rulings of the Constitutional Court, as well as in the legislation of the European Union and in the judgments of the Court of Justice of the European Union. The purpose of the thesis is also to assess the current legal regulation, the subsequent application of the proportionality test and the presentation of various alternatives to the current system of data retention. The thesis is divided into five chapters. The first chapter is devoted to the right to privacy in general, its various aspects, legal anchoring, development of privacy and permissible limitations. In the second chapter the current legal regulation of data retention under the national legislation is presented. The third part of the thesis chronologically guides through the development of the issue of data retention, attention is paid to decisions and legislation that have had a major impact on the issue, in particular Directive 2006/24/EC and its subsequent repeal. The fourth chapter focuses mainly on the status of the legislation after the repeal of the...
|
|
|
Protection of personality rights
Strejcová, Klára ; Thöndel, Alexandr (advisor) ; Frinta, Ondřej (referee)
The objective of this thesis is to provide an overview of general part of the protection of personality in the Czech legal system, as well as a detailed analysis of selected aspects of personal rights. The thesis focuses on protection provided by the Act Nr. 89/2012 Sb., Civil Code, and the European Convention on Human Rights. Initial chapters of the general part of the thesis deal with brief introduction to the historical background of personality rights in the Czech legal environment, as well as with the definition of personality and personality rights as such, together with a demonstrative list of values protected by the general right of personality. The subsequent chapter provides an overview of Czech and international sources of law concerning personality protection. Chapter four deals with lawful and unlawful interferences with personality rights. The final chapter of the general part outlines legal means of protection of personal rights available according to the Czech law. The special part of the thesis is dedicated to a deeper analysis of three aspects of protection of personal rights. Chapter six deals with one of the most important personal rights, the right to privacy. This chapter aims to introduce the broad concept of privacy, including case law of the European Court of Human Rights...
|
|
|
Legitimacy of mass surveillance and data collection in international law
Teššer, Marek ; Lipovský, Milan (advisor) ; Tymofeyeva, Alla (referee)
AJ Over the past decade, digital technology has undergone unprecedented development. The Internet, which originally served as a mean of communication among academics, has become the main communication mechanism used throughout the world. The way people can communicate with each other is much easier now. As a result, the attention of governments and secret agencies has also been focused on cyberspace, with the aim of controlling it as much as possible. Following the Snowden revelations in 2013, the debate on the international scene regarding the feasibility of mass surveillance as a tool in the fight against terrorism began. Since the events of September 11, the powers of the secret services in the field of communication of persons have been extended. This practice has brought up some interesting and unresolved issues. Are such activities permissible at all? If so, under what conditions? This diploma thesis analyzes the legitimacy of massive electronic surveillance and data collection in international law in the context of the protection of human rights, especially the right to privacy. It focuses on electronic surveillance conducted by the American National Security Agency (NSA) and the British Government Communications Headquarters (GCHQ). Since these are foreign monitoring programs, the work...
|
|
|
Employee privacy protection
Karlec, Jan ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This thesis deals with the issue of privacy in the workplace. Employees expect to have some privacy at work, even when they are using the employer's equipment. On the other hand, employers need basic information about their employees and they have the right to know that work is being done properly and efficiently. Finding the balance between the interests of both sides is quite complicated and the disputes regarding privacy infringement in the workplace are often decided by highest courts. In concrete, this thesis deals with the processing of personal data in the employment context and with the surveillance of employees. The aim of this thesis is to provide a comprehensive overview of this issue and assess the current level of protection of privacy of employees in Czech Republic. The thesis is composed of nine chapters. The first introductory part of this thesis (chapters 2 - 4) describes the fundamental human right to privacy and personal data protection in general. Chapter Two characterises the right to privacy and chapter Three gives an overview of relevant legal sources. Chapter Four presents basic terms and principles of the processing of personal data under the Act No. 101/2000 Coll., on the Protection of Personal Data. The following chapter looks at collection of personal data before the...
|
|
|
Protection of personal rights in continental system and common law
Ondřejová, Eva ; Švestka, Jiří (advisor) ; Elischer, David (referee) ; Vychopeň, Martin (referee)
With the increased global infringement of personal rights, it is necessary to be aware of the protection in the different legal systems, especially Anglo-American. Even if the consequences are to be felt in the domestic legal order, the enforceability is recognized under the foreign legal order. The protection is worldwide and through the case law from the European Court of Human Rights the two legal systems - Common law and the Civil Law are penetrating the legislation and the case law in respect of the institute of the protection of personal rights. The doctorate thesis presents the complex introduction to the area of protection of personal rights in the Common law, especially in English law, Commonwealth countries and USA that has not been presented yet for the Czech legal professionals. The thesis explains theoretical concept of the Common law and its background for the purpose of explanation of differences of examined legal orders. The institute is explained on the key historical case law that led to establish the Common law principles. The thesis uses the current and topical legal cases and problems that the orders face in the 21st Century.
|
|
|
Conflict of right to information and privacy
Hodina, Martin ; Pítrová, Lenka (advisor) ; Svoboda, Petr (referee)
Conflict of right to information and privacy - Abstract The presented rigorous thesis concerns with the potential conflict and mutual interaction of both mentioned basic human rights based on the application of The Freedom of Information Act. The Author gained experience in this branch thanks to his work as a lawyer in the department of legislation and internal affairs of South Bohemian Regional Authority. The argumentation in this thesis combines both the point of view of the public servant of a public authority as well as the appeal authority. There is no doubt that the right to information is a necessity for any modern society or rather modern state. Right to information provides any person, not only the citizens, a great instrument to gain a general information of a wide scale hold by the public sector. This instrument is currently very efficient and ensures among other instruments a greater transparency of the public sector. The dark side of this right is the negative influence for the affected persons, those may be restricted in their rights, especially the right to privacy. This affection is especially significant in the issue of the public means recipients. The presented thesis is divided into three parts. The theoretical treatise, which is performed in the first part, could be summarized in the...
|
|
|
Data retention -depositing operational and localizing data
Jirovský, Lukáš ; Korbel, František (advisor) ; Millerová, Ivana (referee)
DP - Lukáš Jirovský, Data retention, 2015 Abstract Data retention - storing of traffic and location metadata The topic of this thesis is data retention - traffic and location metadata storing (and providing to state) by telecommunication providers according to Czech and European law (including rulings of constitutional courts). It also describes compliance or conflict with the users right to privacy and also possibilities to provide this data to users. There is also technical description of the data with their meaning and statistics of crimes detection according to validity of this law.
|
|
|
Right to obtaining information on salaries and bonuses of employees in public administration bodies
Kilian, Vojtěch ; Korbel, František (advisor) ; Pítrová, Lenka (referee)
Title of the Thesis: Freedom of information rights to obtaining information on salaries and bonuses of employees in public administration bodies This thesis aims to analyse the theoretical framework of the freedom of information laws in the Czech republic, with a particular focus on obtaining information about salaries, wages, and benefits of public administration employees, and its subsequent comparison with the practice. The goal of this thesis is not only to summarise the development of jurisprudence concerning the freedom of information laws up to this day, which will be dealt with in chapter II, as well as in the relevant parts of chapter III.1 and 2 respectively, dealing with the right to privacy and information self-determination. More importantly, this thesis aims to offer a possible solution to the conflict between, on the one hand, the right to obtain relevant information pursuant to the freedom of information laws, and, on the other hand, the right to privacy and information self-determination, using the proportionality test described in chapter III.4. In doing so, this thesis offers a framework that has not yet been used in the relevant literature. Following a short summary, the thesis introduces the sources of the freedom of information laws relevant to the Czech legal system in order...
|
|
|
Employees surveillance from a data protection perspective
Hruška, Matěj ; Morávek, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Employees surveillance from a data protection perspective Abstract The topic of the thesis was employee surveillance from a data protection perspective. In the first chapter I outlined the issues of the right to privacy with regard to the employee's workplace and the protection of personal data in employment relationships, together with the relevant legislation, including subsidiary and European regulations. The most relevant regulations in this field are the Labour Code and the directly applicable EU GDPR. In the second chapter, I have slightly stepped forward from the theoretical to the practical level by analysing what the employer-employee relationship might look like under Section 316 of the Labour Code and, in particular, I have discussed the basic principles, conditions and rights of the GDPR such as legality, transparency etc. and then I have presented some more problematic practical examples. In the last part of the chapter, I introduced the concept of connected vehicles, which we cannot yet encounter in full. In the third chapter, I discussed purely practical cases decided before the European Court of Human Rights. In particular, the judgment in Barbulescu v. Romania caused quite a stir in the Czech legal environment. Moreover, the case, just like Ribalda Lopez vs. Spain, was heard by the Grand...
|
|
|
Protection of personal rights
Fízeľová, Táňa
The theme of rights to protection of personality of natural person as individuality and sovereign is not only nowadays really actual topic reflecting gradual changes of social and political development of the society. Czech Republic proceeds due to influence of changes of political environment the journey of transformation of social and economical relationships. The rights to the protection of personal rights pertains to every natural person from internal nature of her existence and consequently they have important position in the system of civil law which guarantees sufficient and effective protection by means of protecting instruments, in particular by means of judicial protection. Nevertheless it is necessary to enunciate that social relationships are various so far, that frequently it is not in power of legislator to involve all human acting by enumerative legal regulation. This imperfection may of course mean gaps in legislation, and in addition legal rules are often ambiguous and systematically unelaborated. Writing of this dissertation thesis illuminates the fact that the field of rights to protection of personality which comprehends wide extent, because human being itself as natural person, who is entitled to these rights, is elementary object of inexhaustible human research for...
|
guest ::
