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The Right to Information Self-Determination after the General Data Protection Regulation
Views:379Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), became effective on 25 May 2018. With the regulatory form the legislator raised the regulation of the right to the protection of personal data within the European Union to a higher level. The legislative act has a fundamental impact on the legal systems of the member states showing various differences from each other. Further, it can be stated as a general experience that the right to the protection of personal data and the nature of such right are less known either to those affected or to the data controllers. The new legislative act and the penalties with increased amounts [Article 84 of the GDPR] demand the elaboration of a study understandable for laics, too. Finally, as a result of the General Data Protection Regulation, the institution system ensuring the protection of personal data has fundamentally changed, so, therefore, it is also necessary to examine the authorities of the member states and the Union, as well.
The study primarily approaches the occurring problems from the practice side. Accordingly, the examination conducted by the Commission nationale de l’informatique et des libertés (CNIL) against Google is described, as the first significant penalty imposed based on the General Data Protection Regulation.
The first part of the study is intended to present the right to the general protection of personal data. The historical part addresses in details the major elements of the historical development of data protection and the development of its contents, with particular regard to the appearance of the right to information self-determination based on the so-called “census-judgement” of 1983 of the BVerfG (Federal Constitutional Court of Germany). Finally, this part touches upon the theories defined in connection with the historical generations of the right to the protection of personal data. After the historical part the study addresses the peculiarities of the right to the protection of personal data, paying particular attention to separation from the neighbouring legal areas.
The second part is intended to present the prevalence of the right to information self-determination according to the GDPR. It is the institution system protecting personal data that has undergone the most significant change. The Work Group under Article 29 has been replaced by the Data Protection Agency set up based on the GDPR. Setting up the Agency, enlarging its scope of authority and its stronger independence from the executive powers of the Union can, by all means, be evaluated positively. As regards the security of personal data, the practice, major directives and opinions of the Work Group under Article 29 have been examined. It is a significant step forward that the GDPR has made the sphere of special personal data more specific, promoting by this the increase of the extent of protection. It is important that, as a general rule, the Regulation forbids controlling special personal data. The definition of the concept of personal data is an essential condition for understanding the regulation. In addition to the principles of controlling personal data, the legal fundaments of data control have particular significance, with special regard to the consent and the data control necessary for performing the contract. In my view, the consent is a legal fundament of auxiliary nature for data control, which is also supported by the opinions of the Work Group, too. Granting the consent and the individual excluding circumstances occurring in connection with this, were examined on a case-by-case basis. In my opinion, the automated decision making process and the regulation of profile creation are one of the most cardinal issues of the GDPR. The way in which profiles are created, their use and the permissibility of such use are discussed in details. In my view, the regulation of the GDPR is deficient as regards the automated decision making process and the profile creation. The decision making necessary for performing the contract is not separated sharply enough, and it is not necessary for this. In my opinion, in respect of this latter sphere of cases the GDPR is not strict enough and may easily serve as a basis for misuse on the part of data controllers. In my view, granting the consent should be made stricter in respect of creating profiles and the introduction of the (contradictable) legal presumption of refusal would also be desirous.
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Enforcment of the right to personal liberty in Bűnvádi Perrendtartás
Views:146In this study, first of all I am dealing with the question, how the right to personal liberty prevails in the Bűnvádi Perrendtartás, however at the beginning I would like to introduce how the law for the personal liberty formed and how it appeared in Hungary and in the international documents, so in the British, American and French law as well.
The most serious barrier of the personal liberty is the criminal law, so i find it especially important to examine that for this reason what kind of safeguards were placed into the Bűnvádi Perrendtartás.
In general it can be said that the most important guarantees of the personal liberty are found in the principles of the criminal law, for example presumption of innocence, and through this it prevails in the Bűnvádi Perrendtartás' system.
Firstable the limitation of the personal liberty has to be looked in the coercive measures, so I studied the pre-trial detention institution, that besides the basic principle what kind of safeguards were brought in by the legislature.
In the end, it can be said that the right to personal liberty influences the whole Bűnvádi Perrendtartás, and in the cases where there were limitations, they always solved it with a safeguard.
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Dad Is There Only One?The Family Law Safety Net Of The Father Who Wrongly Claims The Child As His Own
135-151Views:216Parentage is an integral part of our identity, and the parent-child relationship is one of the most crucial social relationships in our lives. The putative father believes for a certain period of time that a child who is not his own is in fact his own, and however brief this period may be, it is likely that a kind of conscious and emotional bond will develop between him and the child. If such a knowledge, which is the basis of our self-esteem, of our origin, is mistakenly thought of and we are confronted with it overnight, it will certainly lead to a traumatic experience, to a damage to our identity.
In the present study, we will attempt to compare the historical facts described with the relevant legal fact(s), by taking the skin of a law enforcer. How can family law react when "the apple falls far from the tree"? We start from the premise that the historical facts present us primarily with a family conflict, so that it would be logical to invoke the protection of family law. However, the question arises as to whether family law alone can fully compensate the alleged father for the harm to his interests described, or whether other areas of law may have to be activated to do so.
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The App is my Boss – National and EU Perspectives in Light of the New Platform Directive and Case Law
115-148Views:57This study attempts to examine the challenges generated by the so-called platform work, which has gained significant traction in the labour markets of Hungary and the European Union in recent years, primarily from a labour law perspective and, to a lesser extent, from a social law viewpoint.
The first part of the analysis explores the background of the platform economy's expansion, followed by a discussion of the conceptual aspects and key factors of the platform economy.
In the second part, the study addresses the labour law issues arising from this phenomenon from both national and EU perspectives. Finally, in light of the analysis of domestic and European Union case law, it offers de lege ferenda proposals to help resolve the emerging dissonances.