Journal №1 (2023)
In modern democratic states governed by the rule of law, establishing independent regulatory and supervisory authorities is of tendentious nature. Accordingly, their place in the system of separation of powers as well as their legitimacy, is a matter of relevance. It is worth noting, that such independent regulatory and supervisory authorities are not exerted the influence of state agencies. They aim to make the collective decision on public challenges adjusted to social interests. This work reviews the place of independent supervisory authorities in the system of separation of powers and the legal basis of their legitimacy by the example of the Personal Data Protection Service of Georgia. Keywords: Independent regulatory and supervisory authorities, Personal Data Protection Service of Georgia. See in detail:
The Legal Status of the Personal Data Protection Service of Georgia
∘ Paata Turava ∘
In modern democratic states governed by the rule of law, establishing independent regulatory and supervisory authorities is of tendentious nature. Accordingly, their place in the system of separation of powers as well as their legitimacy, is a matter of relevance. It is worth noting, that such independent regulatory and supervisory authorities are not exerted the influence of state agencies. They aim to make the collective decision on public challenges adjusted to social interests. This work reviews the place of independent supervisory authorities in the system of separation of powers and the legal basis of their legitimacy by the example of the Personal Data Protection Service of Georgia. Keywords: Independent regulatory and supervisory authorities, Personal Data Protection Service of Georgia. See in detail:
Journal №1 (2023)
The “right to be forgotten” is a relatively recent and emerging legal concept with great relevance for internet policies. The progressive evolution and diffusion of search engines and their increasing power demonstrate that a certain degree of protection of the privacy of personal life is indispensable. This article focuses on the 2014 landmark decision of the Court of Justice of the European Union and the 2019 judgements which complement the Court`s prior case-law. Account is also taken of closely linked legal instruments, such as Art. 17 of the new General Data Protection Regulation. Keywords: Right to be forgotten, information society, personal data, data protection, right to erasure, search engine operator, internet policy, EU Court of Justice. See in Detail:
Search Engine Operators and the “Right to be Forgotten”
∘ Norbert Bernsdorff ∘
The “right to be forgotten” is a relatively recent and emerging legal concept with great relevance for internet policies. The progressive evolution and diffusion of search engines and their increasing power demonstrate that a certain degree of protection of the privacy of personal life is indispensable. This article focuses on the 2014 landmark decision of the Court of Justice of the European Union and the 2019 judgements which complement the Court`s prior case-law. Account is also taken of closely linked legal instruments, such as Art. 17 of the new General Data Protection Regulation. Keywords: Right to be forgotten, information society, personal data, data protection, right to erasure, search engine operator, internet policy, EU Court of Justice. See in Detail:
Journal №1 (2023)
The first part of the paper examines the compliance of data-driven machine learning and software capable of making autonomous, automated decisions with certain provisions of the European Union’s General Data Protection Regulation (GDPR) applicable from 25 May 2018. We start the topic with a general introduction to the social impact of AI. Next, we outline the basic technological background and some key concepts of machine learning than the legally relevant issues of such data processing. The relevant provisions of the GDPR will be presented later and some questions and possible solutions related to their applicability. In the second part of the study, we present a famous example of the social impact of data-driven automated profiling, thus the indirect influence of voters’ will and consciousness in the so-called Cambridge Analytica scandal, in which the data protection significance of the phenomenon can be very well illustrated. In the final chapter, we briefly present the
When Our Machines Learn Us: About the European Union’s Endeavours to Regulate Artificial Intelligence-Based Decision-Making and Profiling
∘ Attila Péterfalvi ∘ Dániel Eszteri ∘
The first part of the paper examines the compliance of data-driven machine learning and software capable of making autonomous, automated decisions with certain provisions of the European Union’s General Data Protection Regulation (GDPR) applicable from 25 May 2018. We start the topic with a general introduction to the social impact of AI. Next, we outline the basic technological background and some key concepts of machine learning than the legally relevant issues of such data processing. The relevant provisions of the GDPR will be presented later and some questions and possible solutions related to their applicability. In the second part of the study, we present a famous example of the social impact of data-driven automated profiling, thus the indirect influence of voters’ will and consciousness in the so-called Cambridge Analytica scandal, in which the data protection significance of the phenomenon can be very well illustrated. In the final chapter, we briefly present the
Journal №1 (2023)
Personal data processing is an integral part of the activities of any private or public organization. The data processing complies with the requirements existing in a certain organization which varies in forms and methods. When processing data, it is important to be aware that this process must be provided with transparency so that any natural person can be aware in advance of what sort of personal data is intended to be processed. For these purposes, the personal data protection policy, which should be publicly posted by the organization, assumes decisive importance. The unified and commonly accepted standard of its development and formation does not exist. However, it is particularly significant that policy should be written in a language understandable for individuals. Hence, this paper deals with the importance of personal data protection policy, its publicity, purpose, and the peculiarities of its formation. Keywords: Personal data protection, data protection policy, transparenc
Personal Data Protection Policy as a Transparency Indicator in Data Processing
∘ Kakhaber Goshadze ∘
Personal data processing is an integral part of the activities of any private or public organization. The data processing complies with the requirements existing in a certain organization which varies in forms and methods. When processing data, it is important to be aware that this process must be provided with transparency so that any natural person can be aware in advance of what sort of personal data is intended to be processed. For these purposes, the personal data protection policy, which should be publicly posted by the organization, assumes decisive importance. The unified and commonly accepted standard of its development and formation does not exist. However, it is particularly significant that policy should be written in a language understandable for individuals. Hence, this paper deals with the importance of personal data protection policy, its publicity, purpose, and the peculiarities of its formation. Keywords: Personal data protection, data protection policy, transparenc
Journal №1 (2023)
All children have the right to protect and respect their fundamental rights and freedoms in the usual and digital environment. Accordingly, their privacy and personal data should be protected regardless of the age and platform of processing.European and American legislative provisions (in some cases judicial practice as well) consider parents to be the main figure of the child’s personal data protection since they have the right to exclusive control over the processing of the information about their child. The legislative provisions, as a rule, do not regulate the legal aspects of processing the child’s personal data by the parents in terms of restricting the rights of a child by their parents. The above-mentioned is partially caused by the viewpoints established in society that the parent’s activities are always conditioned by the best interests of a child as well as by the factor that “digital children” are still young and discussions on the issues about
Children’ Personal Data Protection in Digital Environment with Different Expectations Between Parents and Children
∘ Tamar Shudra ∘
All children have the right to protect and respect their fundamental rights and freedoms in the usual and digital environment. Accordingly, their privacy and personal data should be protected regardless of the age and platform of processing.European and American legislative provisions (in some cases judicial practice as well) consider parents to be the main figure of the child’s personal data protection since they have the right to exclusive control over the processing of the information about their child. The legislative provisions, as a rule, do not regulate the legal aspects of processing the child’s personal data by the parents in terms of restricting the rights of a child by their parents. The above-mentioned is partially caused by the viewpoints established in society that the parent’s activities are always conditioned by the best interests of a child as well as by the factor that “digital children” are still young and discussions on the issues about
Journal №1 (2023)
The reinforcement of legal regulation of personal data protection was conditioned by the increasing tendency towards systemic and large-scale processing of personal data by large companies, especially in terms of protecting the rights and interests of data subjects. The institute of data protection officer, which has not yet been reflected in the Georgian law, represents a kind of mechanism ensuring the proportionality between the legality of data processing, corporation and interests of data subject. The paper is focused on the interdisciplinary insight of this institute in the perspective of corporate law, on the one hand, and on the other hand, the law on personal data protection, so as to determine its institutional function in the organizational structure of the legal entity of private law. Keywords: Corporative governance, data protection, data protection officer (DPO), General Data Protection Regulation (GDPR). See in detail:
The Interdisciplinary Analysis of Institutional Role of Data Protection Officer in the System of Corporate Governance
∘ Ana Tokhadze ∘
The reinforcement of legal regulation of personal data protection was conditioned by the increasing tendency towards systemic and large-scale processing of personal data by large companies, especially in terms of protecting the rights and interests of data subjects. The institute of data protection officer, which has not yet been reflected in the Georgian law, represents a kind of mechanism ensuring the proportionality between the legality of data processing, corporation and interests of data subject. The paper is focused on the interdisciplinary insight of this institute in the perspective of corporate law, on the one hand, and on the other hand, the law on personal data protection, so as to determine its institutional function in the organizational structure of the legal entity of private law. Keywords: Corporative governance, data protection, data protection officer (DPO), General Data Protection Regulation (GDPR). See in detail:
Journal №1 (2023)
The informational self-determination conditions the realization of a number of fundamental human rights. For example, free human development is based on the possibility to advance according to one’s own will, decision, and choice, which also requires finding out what the persons concerned know about us. The identification of data about oneself with the utmost accuracy allows a person to create, protect and control their privacy as well as to separate the space where he can develop his personality without regard to public opinion from the space where his/her manners, behavior, views, and individual characteristics become the object of observing or processing in different ways. Everybody has the right to protect themselves from the excessive curiosity of others. The more aware a person is of the extent of their data dissemination, the more he/she is able to protect his/her privacy. And having in-depth knowledge of the right is the best tool to exercise it. Each of the data about th
Where Does My Personal Data End Up?
∘ Ketevan Kratsashvili ∘
The informational self-determination conditions the realization of a number of fundamental human rights. For example, free human development is based on the possibility to advance according to one’s own will, decision, and choice, which also requires finding out what the persons concerned know about us. The identification of data about oneself with the utmost accuracy allows a person to create, protect and control their privacy as well as to separate the space where he can develop his personality without regard to public opinion from the space where his/her manners, behavior, views, and individual characteristics become the object of observing or processing in different ways. Everybody has the right to protect themselves from the excessive curiosity of others. The more aware a person is of the extent of their data dissemination, the more he/she is able to protect his/her privacy. And having in-depth knowledge of the right is the best tool to exercise it. Each of the data about th
Journal №1 (2023)
The paper reviews the lawfulness of processing the special categories of data by the example of obligatory use of vehicle marking on vehicles of persons with disabilities. At a glance, a simple case, it may be proved to be problematic in terms of personal data protection and imply the excessive disclosure of information undesirable for people with disabilities. The paper suggests an alternative method, which should not be difficult for a data controller to implement. Keywords: Personal data, special categories of data, people with disabilities. See in detail:
Legal Assessment of the Use of Vehicle Marking of People with Disabilities to Be Affixed on Vehicles in Terms of Personal Data Protection
∘ Davit Karashvili ∘
The paper reviews the lawfulness of processing the special categories of data by the example of obligatory use of vehicle marking on vehicles of persons with disabilities. At a glance, a simple case, it may be proved to be problematic in terms of personal data protection and imply the excessive disclosure of information undesirable for people with disabilities. The paper suggests an alternative method, which should not be difficult for a data controller to implement. Keywords: Personal data, special categories of data, people with disabilities. See in detail:
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