Abstract
The process of establishing normative acts in the European Union does not occur out of nowhere, but in the context of specific social needs. That was the case of the genesis of establishing legal regulations regarding the protection of personal data in the European Union. Socio-economic integration, which resulted from the functioning of internal market in the European Union, has led to a significant increase in cross-border transfers of personal data. It led to situation in which various economic operators or state institutions of the Member States have increasingly processed the personal data of the EU citizens. Within time, these data have become an equally valuable commodity - not to say even more valuable – compared to goods and services (Costa-Cabral, and Lynskey Orla, 2017, p. 11). Making use of personal data on a large scale especially by public and private entities, associations and companies over time has posed a threat to the security of personal data. This has made it necessary to introduce legal protection measures for personal data in the European Union that would eliminate the negative effects of any form of personal data processing. The purpose of this article is to evaluate legal regulations regarding legislative protection of personal data in the European Union against the background of EU Regulation 2016/679 of the European Parliament and the Council with respect to the protection of individuals due to processing personal data, its free movement and repealing Directive 95/46/EC (hereinafter referred to as Regulation 2016/679). Due to initially adopted purpose of the considerations there arose a problem which was formulated in the form of a question: Do the legal measures introduced by the Regulation constitute an effective tool for the protection of personal data in the event of a violation of the law by personal data administrators and entities while processing such data? The presented purpose of the considerations and the research problem determined the order of the analysis.
Highlights
Discrepancies in the protection of personal data in individual countries of the European Union were a natural consequence of state independence and the sovereignty of national legislators, the persistence of such implemented procedures in the long run was a highly undesirable phenomenon
This article focuses on the assessment of legal protection measures for personal data in the European Union against the background of Regulation (EU) 2016/679 of the European Parliament and of the Council
The conducted analysis allows for concluding that the problem formulated in the form of a question: Do the legal measures introduced by the regulation constitute an effective tool towards protection of personal data in the event of violation the law by personal data administrators and other subjects during processing of such data and whether it has been positively solved
Summary
Discrepancies in the protection of personal data in individual countries of the European Union were a natural consequence of state independence and the sovereignty of national legislators, the persistence of such implemented procedures in the long run was a highly undesirable phenomenon. Even a brief analysis of the Regulation 2016/679 reveals that it plays a key role for people whose personal data are processed by the administrator and entities that further process personal data It retains the main principles of personal data protection included in the Directive 95/46 / EC of 1995 (Directive, 1995) and it contains corrections referred to obedience and enforcement of these data over the area of the European Union. At this point, it should be clarified that according to the above-mentioned regulation, the "data administrator" is "a natural or legal person, public authority, agency or other body that either single acting or jointly with others determines the purposes and means of processing personal data" (Article 4, Act 7).
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