Forejtová Monika, The right to respect for private life and the right to personal data protection - is there any conflict?

Artykuły
Opublikowano: PiP 2017/9/113-123
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Rodzaj: artykuł

The right to respect for private life and the right to personal data protection - is there any conflict?

1. Introduction. The legal solution to the conflict between the extent of the protection of the right to privacy and the extent of the right to personal data protection had been one of the recurring topics in the Czech Republic since 2008, weakening the legal status of an individual. The conflict was partially solved only in December 2014.

The Czech Constitution stipulates in Art. 1 paras. 1 and 2 that the Czech Republic is a sovereign, unitary, and democratic state governed by the rule of law, founded on respect for the rights and freedoms of individuals and of citizens, and that it observes its obligations resulting from international law. From the perspective of the so-called legal licence, the above phrase includes the premise of the Czech Constitution that each citizen may do what-ever is not forbidden by law, and nobody may be forced to do what the law does not require.

Protection of individual human rights is not included in the Constitution of the Czech Republic , but in the...

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