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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...
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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.
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Protection of Privacy and Personal Data in European Union Lawwith Regards to Data Retention
Serdula, Ondřej ; Svobodová, Magdaléna (referee)
1 PROTECTION OF PRIVACY AND PERSONAL DATA IN EUROPEAN UNION LAW WITH REGARDS TO DATA RETENTION ABSTRACT The thesis deals with the issue of data retention, i.e. the issue of storing communications metadata by telecommunications service providers for the purpose of possible later access to this data by state authorities. The thesis focuses not only on the relevant EU legislation, but also on the related case law of the Court of Justice, which plays crucial role in determining the standard of protection offered by EU law. This analysis focuses on two main legal issues - the issue of scope of the EU legislation in this area and the issue of proportionality. With regards to the first issue, the author is of the opinion that the Court of Justice interprets the scope of the relevant EU legislation overly broadly. Author criticizes the fact that the Court of Justice applied secondary law adopted on the basis of Article 95 TEC on the issue of access to the retained data by the Member States authorities, including the authorities of Member States which are active in the field of national security. Regarding the issue of proportionality, author criticizes the fact that the Court of Justice perceives the blanket retention of communications metadata to be incompatible with EU law as such, no matter how strict the...
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Protection of Privacy and Personal Data in European Union Lawwith Regards to Data Retention
Serdula, Ondřej ; Král, Richard (advisor) ; Forejtová, Monika (referee) ; Smolek, Martin (referee)
1 PROTECTION OF PRIVACY AND PERSONAL DATA IN EUROPEAN UNION LAW WITH REGARDS TO DATA RETENTION ABSTRACT The thesis deals with the issue of data retention, i.e. the issue of storing communications metadata by telecommunications service providers for the purpose of possible later access to this data by state authorities. The thesis focuses not only on the relevant EU legislation, but also on the related case law of the Court of Justice, which plays crucial role in determining the standard of protection offered by EU law. This analysis focuses on two main legal issues - the issue of scope of the EU legislation in this area and the issue of proportionality. With regards to the first issue, the author is of the opinion that the Court of Justice interprets the scope of the relevant EU legislation overly broadly. Author criticizes the fact that the Court of Justice applied secondary law adopted on the basis of Article 95 TEC on the issue of access to the retained data by the Member States authorities, including the authorities of Member States which are active in the field of national security. Regarding the issue of proportionality, author criticizes the fact that the Court of Justice perceives the blanket retention of communications metadata to be incompatible with EU law as such, no matter how strict the...
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Wiretapping and Interception of communication
Kučerová, Štěpánka ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis analyzes legal framework as well as other issues regarding monitoring and intercepting the substance of communication under Section 88 of the Criminal Procedure Act. Also, the characteristics of logging and accessing data relating to communication (such as times, patterns, locations and parties involved) under Section 88a are described. These institutes in certain instances represent lawful interfere with the right to respect for private life and other human rights and both are of critical importance in the investigation of many types of crimes. The thesis is systematically divided into seven chapters. Chapter One presents both concepts in their relationship to the affected basic human rights and describes characteristics, major principles as well as the procedure of issuing a wiretap and data retention warrants. As both concepts have similar features with conception of Surveillance of persons and items under the Section 158d of the Czech Criminal Procedure Act, comparison with this institute is provided in the second chapter. The third Chapter is devoted to the evolution of Wiretapping legislation and its changes due to particular amendments. The first legal regulation of Wiretapping was adopted in the Czech Criminal Procedure Act in 1991 as a response to the political revolution...
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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.
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Processing of personal data in the EU within police and judicial cooperation
Jašková, Jitka ; Boháček, Martin (advisor) ; Grmelová, Nicole (referee)
The thesis deals with the approach level, meaning, purpose and benefit of personal data protection in their processing within police and judicial cooperation in the EU. In the introduction the fundamental issues of personal data protection in the context of the EU and the Czech republic are defined, focusing on terminology and explanations of current issues, particularly the area of biometric data and data retention. Extra attention is also given to the conflict of the right to privacy, and the related right to personal data protection and protection of public interests and safety. After that the thesis deals with a performing of police and judicial cooperation in the EU through specific subjects, in particular Europol and Eurojust. The final part of the thesis focuses on the practical implementation of personal data protection in police and judicial cooperation in the EU, and secondly the importance of personal data protection in police and judicial cooperation, as a deduced basic human right, and the difficulties with which the personal data protection in police and judicial cooperation in the EU are joined. The final part of this thesis consider the main sections in which we can find area for adjustment towards more effective police and judicial cooperation in the EU, with full respect for the right to personal data protection.
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