Editura Universitara Legislatia Uniunii Europene privind protectia datelor personale

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75,00 Lei 54,75 Lei

ISBN: 978-606-28-0728-3

DOI: 10.5682/9786062807283

Publisher year: 2018

Pages: 600

Publisher: Universitară

Author: Irina Alexe, Daniel-Mihail Sandru

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With effect from 25 May 2018, the date of its implementation, Regulation 2016/679 / EU of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (GDPR), will bring significant changes in the field of personal data protection. The regulation applies to all European citizens regardless of the headquarters of the operators, and data protection focuses on the data subject, the regulations having the role not only to protect it from the wave of technical and scientific discoveries, but also to regulate the activity of large organizations that process data personal.

The regulation is part of a general information regulation system that refers both to special areas of personal data processing (police data or passenger data) but also to electronic commerce. The relations between these normative acts, as well as between them and the soft law documents will be subject to application and interpretation by courts (national or European) and by public authorities.

The volume contains a study in which the experiences in Romania are analyzed, regarding the implementation of the General Regulation on Data Protection 2016/679, to which are attached the 21 relevant acts, including TFEU and CDFUE (in extract), as well as the text of the GDPR, but also of the directives, framework decisions, guidelines, guidelines or opinions issued by the competent institutions of the European Union, respectively by the Working Group "Article 29", which make up, in our opinion, the correct picture of European legislation on data protection.
Daniel-Mihail Sandru
Irina Alexe
  • Legislatia Uniunii Europene privind protectia datelor personale

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Daniel-Mihail Sandru

Coordinator of the Center for European Law Studies of the Institute for Legal Research “Acad. Andrei Radulescu ”of the Romanian Academy and university professor;
Arbitrator at the International Commercial Arbitration Court attached to the Romanian Chamber of Commerce and Industry;
Ad-hoc judge at the European Court of Human Rights;
President of the Romanian Association of European Law and Affairs (ARDAE);
President of the Society of Legal Sciences (SSJ);


Irina Alexe

Associate scientific researcher at the Institute of Legal Research „Acad. Andrei Radulescu ”of the Romanian Academy. She is a graduate of the Faculty of Law within the "Alexandru Ioan Cuza" Police Academy and a doctor of law from the Faculty of Law of the University of Bucharest. He worked for almost 20 years in the Ministry of Internal Affairs and is currently a reserve officer. He is an expert in the elaboration and support, within the governmental and parliamentary procedures, of the projects of normative acts aiming at the field of internal affairs, the functioning of the central and local administration, respectively the coordination of the prefects' activity.

Implementation of the General Regulation on Data Protection 2016/679. Experiences from Romania / 7

LEGISLATION:

Treaty on the Functioning of the European Union - extract / 25

Charter of Fundamental Rights of the European Union - extract / 26

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on data protection) / 28

Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data by the competent authorities for the purpose of prevention, detection, investigation or prosecution of criminal offenses or the execution of sentences free movement of such data and repealing Council Framework Decision 2008/977 / JHA / 156

Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offenses and serious crime / 221

Council Framework Decision 2008/977 / JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters / 245

Regulation (EC) 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data / 266

Directive 2002/58 / EC of the European Parliament and of the Council of 12 July 2002 on the processing of personal data and the protection of privacy in the public communications sector (Directive on confidentiality and electronic communications) / 296

Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 on measures for a high common level of security of networks and information systems in the Union / 315

Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 on the procedure for providing information in the field of technical regulations and rules on information society services / 355

Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (Directive on electronic commerce) / 373

Communication from the Commission to the European Parliament and the Council. Increased protection, new opportunities - Commission Guidelines on the direct application of the General Data Protection Regulation of 25 May 2018 [Brussels, 24.1.2018 COM (2018) 43 final] / 399

DOCUMENTS OF THE "ARTICLE 29" WORKING PARTY ON DATA PROTECTION:

Data Protection Officer (‘DPOs’) [16 / RO; WP 243 rev.01], revised and adopted on April 5, 2017/420

Guidelines on the application and establishment of administrative fines within the meaning of Regulation no. 2016/679 [17 / RO; GL 253], adopted on 3 October 2017/446

Guidelines on the right to data portability [16 / RO GL 242 rev. 01], adopted on December 13, 2016; last revised and adopted on 5 April 2017/462 Guidelines on the right to data portability. GL242 ANNEX - Frequently Asked Questions / 483

Opinion no. 2/2017 on data processing in the workplace [17 / RO GL 249], adopted on 8 June 2017/487

Guidelines on data protection impact assessment (DPIA) and how to determine whether processing is “likely to generate a high risk” within the meaning of Regulation 2016/679 [17 / RO; WP 248 rev. 01], adopted on April 4, 2017; revised and adopted on October 4, 2017/514

Guidelines for the identification of the main supervisory authority of the operator or the person empowered by the operator [16 / RO; GL 244 rev. 01], adopted on 13 December 2016, as last revised and adopted on 5 April 2017/538

Opinion no. 3/2017 on the processing of personal data in the context of cooperative intelligent transport systems (cooperative TSIs) [17 / RO; WP 252]; adopted on 4 October 2017/553

Guidelines on consent under Regulation 2016/679 [DRAFT] [17 / RO; WP259], adopted on 28 November 2017/567

With effect from 25 May 2018, the date of its implementation, Regulation 2016/679 / EU of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (GDPR), will bring significant changes in the field of personal data protection. The regulation applies to all European citizens regardless of the headquarters of the operators, and data protection focuses on the data subject, the regulations having the role not only to protect it from the wave of technical and scientific discoveries, but also to regulate the activity of large organizations that process data personal.

The regulation is part of a general information regulation system that refers both to special areas of personal data processing (police data or passenger data) but also to electronic commerce. The relations between these normative acts, as well as between them and the soft law documents will be subject to application and interpretation by courts (national or European) and by public authorities.

The volume contains a study in which the experiences in Romania are analyzed, regarding the implementation of the General Regulation on Data Protection 2016/679, to which are attached the 21 relevant acts, including TFEU and CDFUE (in extract), as well as the text of the GDPR, but also of the directives, framework decisions, guidelines, guidelines or opinions issued by the competent institutions of the European Union, respectively by the Working Group "Article 29", which make up, in our opinion, the correct picture of European legislation on data protection.
Daniel-Mihail Sandru
Irina Alexe

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