Principiul echităţii din GDPR aplicat „by design şi „by default” în prelucrarea datelor cu caracter personal în contextul obligaţiei de nediscriminare şi egalitate de şanse. Perspectiva unui DPO
The principle of fairness under the GDPR applied by design and by default in the processing of personal data in the context of the obligation of non discrimination and equal opportunities. The perspective of a data protection officer

Summary/Abstract: The protection of personal data and equal opportunities are two essential landmarks of contemporary law, enshrined both by constitutional norms and by European and national regulations. From the perspective of a Data Protection Officer (DPO), examining the relationship between these two domains is indispensable for ensuring the effective exercise of the fundamental rights of data subjects. Chapter IV of Regulation (EU) 2016/679 begins with the provisions concerning the responsibilities of the data controller (art. 24), establishing the general framework of the controller’s obligations. Article 25 further develops the concept of integrating data protection from the design stage of processing operations and through default settings. In both specific legislation and the relevant literature, this approach is known as Privacy by Design and Privacy by Default, as elaborated in Guidelines 4/2019 on the application of Article 25. Extending this conceptual framework to the principles of equal opportunities allows for the coherent formulation and implementation of mechanisms based on Equity by Design and Equity by Default, fully compatible with current legal requirements.

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