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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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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...
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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...
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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...
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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.
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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...
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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...
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Surveillance of Persons and Items - Use of the Institute in Practise and its Constitutional Limits.
Slavíková, Adéla ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Surveillance of Persons and Items; Use of the Institute in Practise and its Constitutional Limits Abstract This diploma thesis primarily aims to analyze in detail legislation concerning the surveillance of persons and items in the Criminal Procedure Code of the Czech Republic. In order to present a comprehensive analysis, the thesis firstly defines the concept of Operative- Search Means and the basic conditions for their use. Subsequently, the author assesses particular aspects of the provision § 158d of the Criminal Procedure Code. The main focus is dedicated to the issue of interpretation of certain procedural norms, such as those concerning surveillance of communications between the defendant and their attorney, the covert surveillance in closed spaces, as well as those related to the highly debated issue of admissibility of surveillance records obtained in another criminal proceedings. With regard to all of these subtopics, the author presents the most prominent discourses of criminal procedural theory and practice. At the same time, the author presents her own suggestions as to how to deal with the issues at hand. The main thesis of the paper concerns the subsequent statement that the provision of § 158d of the Criminal Procedural Code regulating the surveillance of persons and items is in fact a...
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The right to be forgotten in the context of a modern concept of personal data protection
Denemark, Jaroslav ; Svobodová, Magdaléna (advisor) ; Scheu, Harald Christian (referee)
1 Thesis title The right to be forgotten in the context of a modern concept of personal data protection Abstract The main topic of the thesis is the analysis of the right to be forgotten and its place in today's digital world and information society. In particular, the author discusses a different approach to the protection of personal data in Europe, in the United States of America and in Argentina within the context of the conflict between right to privacy and freedom of expression and right to free access to information. The author describes different conceptions of significance of these rights and different value ladder in connection in their mutual assessment. Based on outlining the different approaches to aforementioned rights, the author examines the inclusion of the right to be forgotten within these legal cultures and consequently examines different forms of the right to be forgotten. Such forms are introduced in the context of privacy rights in the European union and presented in the way, how the legislation has been developing as the privacy laws evolved. Author closely examines the case-law of the Court of Justice of the European Union which is focused on right to be forgotten. Attention is also paid to the practical implementation of the right to be forgotten in accordance with the judgement of...
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The right to be forgotten in the context of a modern concept of personal data protection in the EU and the USA
Denemark, Jaroslav ; Svobodová, Magdaléna (advisor) ; Scheu, Harald Christian (referee)
Thesis title The right to be forgotten in the context of a modern concept of personal data protection in the EU and the USA Abstract The main topic of the thesis is the analysis of the right to be forgotten and its place in today's digital world and information society. In particular, the author discusses a different approach to the protection of personal data in Europe and in the United States of America within the context of the conflict between right to privacy and freedom of expression and right to free access to information. The author describes different conceptions of significance of these rights and different value ladder in connection in their mutual assessment. Based on outlining the different approaches to aforementioned rights, the author examines the inclusion of the right to be forgotten within the two legal cultures and consequently examines different forms of the right to be forgotten. Such forms are introduced in the context of privacy rights in the European union and presented in the was, how the legislation has been developing as the privacy laws evolved. Author closely examines the case-law of the Court of Justice of the European Union which is focused on right to be forgotten. Attention is also paid to the practical implementation of the right to be forgotten in accordance with the...
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