Dreptul la Informare în Contextul Protecţiei Datelor Personale (The Right to Be Informed in the Context of Data Protection)
Administraţia Publică şi Protecţia Drepturilor Cetăţeneşti, Universul Juridic, Bucureşti, 2012
21 Pages Posted: 21 Dec 2012 Last revised: 11 Jan 2013
Date Written: November 20, 2012
The protection of personal data would lack efficiency if the person concerned by the data processing would not be aware of the existence of the processing, its context and the particular personal data which are collected, the ways in which they are used, and who else is having access to them. Practically, the existence of all the other rights accorded directly to the person or the subsequent rights, which can be drawn from the systemic interpretation of the law, depends on knowing about the existence of the data processing and all the details related to it, from the identity of the controller to the third parties who have access to the data.
These are the reasons for which one of the data protection principles is the possibility of the concerned person to participate to the data processing by natural or legal persons, and also to influence the process itself (the participation and control principle). This principle is transposed in legislation also by the enforcement of the right to information of the concerned person with regard to the details of the data processing.
The right to information is included in the firs laws which regulated data protection in Europe, starting with the "Bundesdatenschutzgesetz" - the German Federal Law enforced in 1977, the "Loi relatif a l’informatique, aux fichiers et aux libertes" - enforced in France in 1978, the "Data Protection Act," adopted in 1984 by the British Parliament, and ending with the "Wet Persoonsregistraties," enforced in the Netherlands in 1989. The right is subsequently enshrined in the Data Protection Directive (Directive 95/46) and, thus, it was transposed in Law No. 677/2001 of the protection of the person with regard to data processing.
This paper begins with a short chronological presentation of the regulation of the right to be informed. It will further analyze the manner in which the right was transposed in the Romanian legal system, underlying the content of the right, the conditions in which it can be exercised, the correlative obligation of the controller and the judicial and administrative means for its enforcement.
Note: The downloadable document is in Romanian.
Keywords: data protection, the right to information, data processing, details of the data processing
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