The necessity of improving the legal framework on the protection of individuals with regard to the processing of personal data as part of a criminal trial Cover Image
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Necesitatea îmbunătăţirii cadrului legal privind protecţia persoanelor fizice în legătură cu prelucrarea datelor cu caracter personal în cadrul unui proces penal
The necessity of improving the legal framework on the protection of individuals with regard to the processing of personal data as part of a criminal trial

Author(s): Cezara Popa, Nelu Dorinel Popa
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: procedural rights and obligations; file inspection personal data; protection of individuals with regard to the processing of personal data; pseudonymisation;

Summary/Abstract: According to the principle present in the Romanian Code of Criminal procedure that states „sufficient rights and guarantees for subjects", the people involved must benefit from the procedural rights that are necessary for the defense of the interests appropriate to their procedural role and these rights must be precisely guaranteed through efficient procedural sanctions.In the Code of Criminal procedure there are regulated, on one hand, numerous procedural rights and obligations that imply, by default, the direct contact between the participants to the criminal trial and that use these rights/obligations with the personal data of diverse trial subjects.On the other hand, according to the national and Community legislation referring to the protection of individuals with regard to the processing of personal data through a criminal trial, we consider as relevant several provisions, to which we believe that an improvement of the legislative framework applicable to the right to data protection for the participants in the criminal trial is necessary.In the light of the aforementioned provisions it is mandatory for the rights and obligations in a criminal procedure not to interfere and not to conflict with the fundamental right to protection of personal data against breach of security on the occasion of activities carried out in the framework of a criminal trial.

  • Issue Year: 2020
  • Issue No: 01
  • Page Range: 63-70
  • Page Count: 8
  • Language: Romanian