GARANŢII CONSTITUŢIONALE PRIVIND PROTECŢIA DATELOR CU CARACTER PERSONAL ÎN ROMÂNIA ŞI ÎN UNIUNEA EUROPEANĂ
CONSTITUTIONAL SAFEGUARDS FOR THE PROTECTION OF PERSONAL DATA IN ROMANIA AND IN THE EUROPEAN UNION

Summary/Abstract: This article analyses the enshrinement of the protection of personal data as a fundamental constitutional right in Romania and in the European Union, in the context of technological transformations and accelerated digitalisation. The study highlights the evolution of the regulatory framework from Law no. 677/2001 to the application of Regulation (EU) 2016/679 (GDPR), regarded as the global standard in the field of data protection. The fundamental principles of the GDPR are analysed, such as lawfulness, transparency, purpose limitation and confidentiality, as well as their impact on the right to privacy. The paper examines the role of the case law of the Constitutional Court of Romania, the Court of Justice of the European Union and the European Court of Human Rights in strengthening safeguards for data protection. At the same time, the article highlights the practical difficulties in implementing the GDPR rules in Romania, particularly in the case of public institutions and SMEs. The article addresses the conflict between national security and the right to privacy, which has been heightened in the context of contemporary crises and the use of surveillance technologies. It analyses the challenges posed by artificial intelligence, big data and the Internet of Things to data protection and fundamental rights. The research emphasizes the need to develop flexible legal mechanisms and to strengthen the principle of privacy by design. The conclusions highlight the importance of cooperation between European and national institutions in ensuring a balance between technological progress and the safeguarding of the right to privacy.

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