Personal data protection and the security through the prism of the newest EU Court of Justice Jurisprudence Cover Image

Zaštita ličnih podataka i bezbjednost kroz prizmu najnovije prakse Suda pravde Evropske unije
Personal data protection and the security through the prism of the newest EU Court of Justice Jurisprudence

Author(s): Boris Tučić
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
Published by: Direkcija za evropske integracije Vijeća ministara Bosne i Hercegovine
Keywords: protection of human rights; right on privacy; personal data protection; national security; EU CoJ jurisprudence;

Summary/Abstract: Subject of the paper is the newest EU Court of Justice jurisprudence regarding the personal data protection within the context of the use of electronic communication in order to fight crime and terrorism, as well as to protect the member states` national security. The analysis of the selected cases from 2014 to the end of 2020 shows strong orientation of the Court of Justice to secure the personal data protection in line with the relevant EU law, even by the constrainment of the member states`s activities related to the protection of their national security which, by the article 4.2 of the Treaty, stricto sencu lays outside of the scope of the EU Law. In that way, the Court of Justice identifies the protection of human rights, as it's required by the EU Law, as a main criteria for the „acceptability“ of the EU member states behaviour even regarding the issues nominally belonging to their sole legal competence.

  • Issue Year: 2021
  • Issue No: 8
  • Page Range: 167-188
  • Page Count: 22
  • Language: Bosnian, Serbian