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PERSONAL DATA PROTECTION IN THE LAW OF EUROPEAN UNION – ON THE THRESHOLD OF CHANGE

M. Magdziarczyk

Abstract

One of the most basic rights of an individual is the right to the protection of personal data. Personal data is the common term for information about an identified or identifiable individual. Identifiable individual is defined as someone who can be directly or indirectly recognized, in particular by means of such characteristics as name, surname, identification number, location data, online ID, as well as physical, physiological, psychological, economic, cultural or social factors. Undoubtedly, 25 May 2018 can be regarded as the breakthrough moment for the protection of personal data of individuals living in the European Union states. On that day, the Regulation (UE) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the Regulation) takes effect. The provisions of the Regulation update the existing definitions of terms related to personal data protection and introduce new tools for the protection of personal data of individuals, corresponding to currently existing threats, as well as expected to arise due to exceptionally dynamic growth of technology and the Internet. However, the most important change in protection of personal data of individuals, which is connected with the Regulation coming into effect, is the consolidation of personal data protection laws across the European Union. This article has two objectives. The first is to take a close look at the circumstances under which the EU laws on protection of personal data of individuals were originally introduced. The second, essential one, is to analyse changes introduced by the Regulation, with a particular focus on the effects expected by the legislator. Certainly, the provisions of the Regulation, though resulting from the agreements that have been negotiated in EU institutions for years, can be described as revolutionary. The comparative analysis method will prove helpful in achieving the objectives set by the Author.

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