Prava roditelja na privatnost i zaštitu osobnih podataka i dobrobit djeteta kao vrhunski pravni standard

Abstract

Caring for children is the natural role and primary task of parents who, in general, exercise this right, duty and responsibility by respecting the rights and interests of their children. The importance and value of a parent’s role in the upbringing and development of a child is recognized in numerous legal documents both at the domestic and international level. However, certain life situations can lead to the fact that parents, unfortunately, cannot fulfill this important role for the well-being of their children due to circumstances that they themselves cannot influence, and which make it difficult or, to a large extent, impossible for them to protect the rights and interests of the child. The responsibility of the State in such cases and the challenges of effective cooperation of competent authorities will therefore be analyzed in this paper. In addition, the existing legal regulations on the relation between the rights of parents to privacy and protection of personal data, and the rights of the child will be considered, especially when their collision occurs, and eventually some guidelines will be proposed for a more effective realization of the best interests, i.e. well-being of the child, which in each individual case shall be a primary consideration, will be made.