Facultatea de Drept / Faculty of Law
Permanent URI for this communityhttps://msuir.usm.md/handle/123456789/6
Browse
2 results
Search Results
Item Studiu empiric cu privire la protecția datelor cu caracter personal în procesul penal(CEP USM, 2024) Cristea, DanielThe interest in this study arose out of necessity, since in the Republic of Moldova over the years no references were made and only the protection of personal data was studied in general, not in the criminal process, and the emergence of the new EU legislative framework , through the adoption of EU Regulation no. 679/2016 and EU Directive no. 680/2016, requires adjustments to be made in the field of criminal proceedings, in order to fully ensure the protection of the personal data of the parties, we refer to the publications of authors from other countries in this sense in order to obtain some points of view regarding the application of legislation in the field. EU Regulation 679/2016 and EU Directive no. 680/2016 provide an updated legal framework based on responsibility for data protection and in criminal proceedings, offering more rights and control facilities than they previously had over their own data and, through therefore, more obligations and responsibilities for organizations that manage data. This material consists of a review of the main considerations regarding such data.Item GARANŢII PROCEDURALE DE PROTECŢIE A DATELOR CU CARACTER PERSONAL ÎN CADRUL MĂSURILOR SPECIALE DE INVESTIGAŢIE(CEP USM, 2021) Cristea, DanielThe application of the general limitations of fundamental rights to data protection pursuant to Article 52, paragraph 1 of the EU Charter of Fundamental Rights, has raised interesting questions. According to this provision, limitations must be provided for by law, must return to the essence of the law concerned and, subject to the principle of proportionality, must be necessary and genuinely meet the general interest objectives recognized by the European Union or the need to protect the rights and the freedoms of others. We ask ourselves the question, can these limitations justify the unfair processing of personal data or the processing for purposes not covered by the legal basis for the collection, storage and disclosure of personal information at this stage of the prosecution under special investigative measures? From this question we started to write this article which consists in identifying in the framework of special investigative measures the breaches of personal data breaches and proposals for amendments in order to comply with this protection.