The legal regime of the processing of personal data in the public sector, in the context of the general data protection regulation Cover Image

Regimul juridic al prelucrării datelor personale în sectorul public, în contextul regulamentului general pentru protecția datelor
The legal regime of the processing of personal data in the public sector, in the context of the general data protection regulation

Author(s): Ancuța Opre, Simona Şandru
Subject(s): Law, Constitution, Jurisprudence
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: Data protection; new regulation; European Union law; public sector; data controller

Summary/Abstract: As of the 25th of May 2018 a new regulation on data protection will directly apply in all European Union’s Member States, which is the Regulation (EU) 2016/679. The current national legislation (Law 677/2001) will be replaced by these rules, so a new legal regime on the processing of personal data shall be established. Although in general, the same rules apply for both public and private data controllers (or data processors), there are a number of specific features for the processing carried out in the public sector in terms of legal duties and applicable exceptions. For instance, all the public institutions will have to appoint a data protection officer. However, the processing made by the courts when they are acting in their judicial capacity shall not be covered by some of the new legal norms. In the present paper, an overview of the new legal regime of data protection in the public sector will be outlined, in order to assess the most relevant novelties on the matter.

  • Issue Year: 1/2018
  • Issue No: 1
  • Page Range: 224-235
  • Page Count: 11
  • Language: English