Spelling suggestions: "subject:"eprivacy directive"" "subject:"geoprivacy directive""
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Personlig integritet på internet : Webbkakor och risken för kränkning av användares personliga integritetFranck, Adéle January 2021 (has links)
The purpose of the essay is to examine and analyze if individuals are ensured anefficient protection against violations of personal integrity when using cookiesonline. This is done through both a de lege lata and a de lege ferenda perspective.To do this a technical perspective of what cookies are is applied, as well as howthey can amount to a threat to personal integrity. What personal integrity is andhow it can be protected are questions which are answered through the methodof legal dogmatics as well as the EU legal method, while the question if the protectionis sufficient is answered through the method of legal informatics. The investigation in the matter led to the result of a definition of what is tobe understood by personal integrity within the framework of the essay, whichcan be described as the right to have control over the spread of sensitive information.In addition to this it is shown in the essay that personal integrity in relationto cookies is protected through the means of collecting consent before placingcookies. The mechanism of collecting consent is in theory an appropriate wayto ensure control for the individual. Even so, practical studies in the field indicatethat the regulation does not meet compliance by the market participants sufficientlywhen collecting consent to the use of cookies. Due to this it cannot beclaimed that personal integrity is efficiently protected in practice. Since the de lege lata result show indications of lack of compliance the conclusionis that the current regulations are not sufficiently enough protecting personalintegrity of individuals. The forthcoming e-Data protection Regulationmight offer some solutions to this compliance issue, but as shown in the de legeferenda-discussion there is a need to combine regulatory solutions with technicaltools to enforce a comprehensive compliance by the market participants in practice.The combined solution will give both individuals and supervisory authoritiesthe tools necessary to protect personal integrity, while the collection of consentcan continue to be the regulatory mechanism used to protect personal integrity.
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Ochrana soukromí a osobních údajů v právu Evropské unie s ohledem na problematiku data retention / Protection of Privacy and Personal Data in European Union Lawwith Regards to Data RetentionSerdula, Ondřej January 2021 (has links)
1 PROTECTION OF PRIVACY AND PERSONAL DATA IN EUROPEAN UNION LAW WITH REGARDS TO DATA RETENTION ABSTRACT The thesis deals with the issue of data retention, i.e. the issue of storing communications metadata by telecommunications service providers for the purpose of possible later access to this data by state authorities. The thesis focuses not only on the relevant EU legislation, but also on the related case law of the Court of Justice, which plays crucial role in determining the standard of protection offered by EU law. This analysis focuses on two main legal issues - the issue of scope of the EU legislation in this area and the issue of proportionality. With regards to the first issue, the author is of the opinion that the Court of Justice interprets the scope of the relevant EU legislation overly broadly. Author criticizes the fact that the Court of Justice applied secondary law adopted on the basis of Article 95 TEC on the issue of access to the retained data by the Member States authorities, including the authorities of Member States which are active in the field of national security. Regarding the issue of proportionality, author criticizes the fact that the Court of Justice perceives the blanket retention of communications metadata to be incompatible with EU law as such, no matter how strict the...
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