Impactul Regulamentului privind protecţia datelor cu caracter personal asupra răspunderii civile
Impact of the Regulation on the personal data protection regarding civil liability

Summary/Abstract: The text below was initially intended to a conference and subsequently developed, following the initially designed structure. That is why, in its current form, it does not reflect a systematic analysis of the (EU) Regulation 2016/679 concerning the personal data protection, an issue which was not at all aimed at by the author. The purpose of the paper is to mark several issues adding further importance to the concept of civil liability in the matter of personal data protection. A series of obligations of the controllers in the matter shall be taken into account for the approximate delimitation of their liability and of that of their proxies. In the order of presentation, after a series of comments on the updates brought in the matter of liability by art. 82 of the Regulation, issues are presented related to the big data processing, the automated decision with personal implications, profiling, to the possible collision of the right to the personal data protection with other protected fundamental or non-fundamental rights (especially the intellectual property and the right to security), to the broad issue of the internal and international transfers of personal data, to the liability associated with an emerging “under-right” – the right to be forgotten – and briefly, to the liability associated with the unfair terms in the context of personal data processing. However, the concept which prevails in this paper is related to the idea of the existence of a liability having a dissuasive role, representing a core element of the high European standard in the matter of protection of personal data, even if it is impossible for certain provisions not to raise suspicions related to its future viability.

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