ОБРАДА ПОДАТАКА И ЗАШТИТA ЛИЧНОСТИ
DATA PROCESSING AND PROTECTION OF PERSONALITY

Summary/Abstract: After the sections „Introduction" (1. Victorious march of computers, 2. Civil-law problems of automatic data processing, 3. Problems of ADP in the sphere of the law of personality, 4. Hesitations in terms of legal systematization), and „Dangers" (1. A dark number and the feeling of dangers, 2. Benefits and risks, 3. The call of the computer era to the law-maker/1 °), the principal part of the study follows, i.e. „Protected Objects" (1. Partial descriptions, 2. The circle of justified interests, 3. The call of the computer era to the law-maker/2°).The construction of protection of data can be influenced by law-maker’s ideas on the objects to be protected, in addition to his ideas concerning the kinds of dangers. Various concepts are reviewed of protected objects, namely privacy-concept variants, as well as theories of spheres, privacy as the antipode of publicity, sensitivity of disclosing of data, communications, profile of the personality, mosaics, roles, self-representation, self-decision-marking, etc. Each one of them is not complete since it neglects both interests pointed out by other concepts and the ones which stayed outside the scope of former analyses. The circle of justified interests consists of fifteen interest groups, and the most neglected one is the person’s interest to disclose information concerning himself by himsels. The right of society to dispose of data concerning individual has to be coupled with the duty of society to provide: (i) that personal data should be collected, in principle, from the very person involved; that an individual may decide on disclosing and using the data; that some kinds of data on himself can not at all be collected and used; that he be informed as to which subjects would dispose of data concerning him; that the individual be informed as to what kind of data are collected about him, if any; (ii) that only authorized subjects may collect, process, transfer and use personal data; that this concerns only data necessary for a lawful purpose; that data be true, complete, up-to date, with precize meaning, not apt to be misinterpreted through being taken out of context, which applies to primary purpose, or through separation from other data or, as the case may be, connecting with other data; that data be ensured against impact by unwanted ones (destroying, etc.); as well as (iii) corresponding protection means to serve in correcting untrue data and providing adequate procedure for erasing them in necessary. Norms in Yugoslavia contain only first beginnings of such kind of law of protection and ensuring of data.

• Details
• Contents