Responsabilitatea în domeniul protecției datelor cu caracter personal
Responsibility in the field of personal data protection

Summary/Abstract: In the modern era, marked by various and increasingly complex forms of inter-personal or institutional relationship of the natural persons, in the most diverse fields, such as banking, legal, communications, social media, educational and economic, carried out through the IT communication systems, which involve the processing of some various elements of a personal nature and of other aspects related to the dynamism of private life, it is raised for discussion the identification of some optimal ways to ensure the correctness and proportionality of the way of processing all this information by the operators legally authorized in this sense or by the persons empowered by these operators for the manner of carrying out the operations, automatizated or not, that involve the use of these data.It is also under discussion whether the state has any obligation in this field, in the event of insufficiency or defectiveness of the manner of regulating the means of control and of verification concerning the correctness of the processing of these data by the persons or institutions authorized in this field.The significant challenges with regard to the structuring of a balanced normative framework, which should stimulate and contribute to the development of the modern means of communication between private persons, as well as of institutional relationship between these and the state authorities are overcome only by the difficulties inherent to the systematization of the legislation necessary and appropriate to control the flow of personal information registered, stored, processed and used by the authorized operators or by the persons mandated by them, in the field under analysis.In this sense, considerable and constant efforts have been made at the level of the European Union to improve the legislation related to the processing of personal data, finalized with the adoption of the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and regarding the free movement of these data, from which a series of relevant principles can be extracted to ensure an effective legal control regarding the mode of operation of this information and which constitute a good legal foundation for the development of some national normative systems, relevant and adequate for the protection of the private life of the natural persons, in terms of the processing of their data.The same regulation represents, at the same time, also the legal basis for engaging the main and direct liability of the authorized operators in the field of personal data processing, of the persons mandated by them in this field or of the authorized recipients of these data, the latter being confused usually with the assignees of such information.In the event that the state does not properly fulfil its negative obligation to refrain from any steps towards the processing, outside the legal order, of these data or does not respect its positive obligation to undertake any necessary and sufficient steps for holding accountable the guilty persons for an improper, inopportune or unreasonable use of these data, it is raised the issue whether the state, in its capacity as a generic guarantor in creating an adequate legal framework for the protection of these elements, has a subsidiary and objective liability or not in order to remove all the damages caused to natural persons injured by an unjustified or inadequate processing of their personal data, a question to which we intend to give a reasoned answer within this legal approach.

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