Journal №2 (2023)

Welcome Letter

∘ Lela Janashvili ∘


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Journal №2 (2023)

Welcome Letter

∘ Levan Ioseliani ∘


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Journal №2 (2023)

Welcome Letter

∘ Leonardo Cervera Navas ∘


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Journal №2 (2023)

“Data Protection Law” of the European Union

∘ Norbert Bernsdorff ∘


I would like to start my presentation with a question: Does the European Commission – EU Commission - complain about deficits in Georgian data protection at all? If so, are they substantial or does the existing data protection law just need a "fine-tuning"? The opinion of the EU Commission of 17 June 2022 is ambivalent: The Commission demands - firstly - "to equip the...Personal Data Protection Service with resources to its mandate" and - secondly - "to ensure its institutional independence" (page 17). Elsewhere in her report (page 10), she states that "the Personal Data Protection Service...still needs to prove its efficiency and independence". That is all the opinion contains. In my first presentation I already referred to the so-called Copenhagen criteria that an applicant country must fulfil. One of these criteria is the "acquis criterion” – from the French word “acquis communautaire". According to this, a candidate state must adopt the entire body of rules
Journal №2 (2023)

Evolution and Revolution of Supervisory Authority Powers in Hungary with Special Regard to the GDPR

∘ Gergely Barabas ∘


GDPR is a game changer in European data protection law. It has brought revolutionary changes, the fundamental and complete transformation of the role of supervisory authorities, their proceedings and relationship with the judiciary. GDPR has radically raised privacyawareness across organisations of any kind and it is a radical breakthrough in data subjects’, data controllers’ and the courts’ beliefs and behaviours with regard to the importance of data protection. Hungarian data protection law has also come a long way, with a number of substantive, procedural and organisational changes. Nevertheless, the tendencies are clearly moving in one direction: due to the brutal growth of the data-based economy and services, the protection of personal data requires strong and effective powers. The development of data protection law in Hungary has already directed the organisational and procedural legal framework to an administrative-type model by establishing a more and more ef
Journal №2 (2023)

Legal Challenges of Personal Data Protection During the Processing of Big Data

∘ Zviad Gabisonia ∘


In the rapidly evolving landscape of modern technologies, the scale of Big Data processing is on the rise, presenting a challenge to the legal protection of personal data. Big data processing serves as the "fuel" for modern technologies, including artificial intelligence. "Big data" is a well-established term in information technology science, and its official definition is nearly nonexistent. According to the most widely recognized definition, this term refers to a large dataset, whose collection, management, and processing significantly surpasses the capacities of traditional databases and their corresponding programs. The article explores the legal protection of personal data in the processing of big data, using the legal frameworks of two of the most technologically advanced countries, the USA and China, as examples. The article illustrates the positive and negative factors associated with the expansion of big data processing concerning personal data protection. See in detail:&nbs
Journal №2 (2023)

Data Protection Officer as Preventive Mechanism of Infringements with Regard to the Tasks Prescribed by the General Data Protection Regulation

∘ Iva Katić ∘


The demands made by the data protection officer, for most of the work collective, is additional burden, which makes work of data protection officer extremely lonesome. The essence of this position is to pay attention within the organization that there is no infringement of the Data Protection Law, which makes this position extremely responsible. Precisely in regard to above mentioned it may be said that the data protection officers may, by reason of the nature of their tasks, act preventively on the entire organization in relation to an infringement, and consequently on respect for one of the fundamental human rights, especially right to personal data protection. See in detail: 
Journal №2 (2023)

Processing of Personal Data Through the Use of Drones (Review of International Standards and Compliance with Georgian Legislation)

∘ Saba Elizbarashvili ∘


Video recording represents one of the most pervasive forms of data processing. The advancement of modern technologies, including drone aerial photography systems, has introduced a host of new challenges concerning the protection of personal data. The accessibility and user-friendliness of drones enable individuals to process personal data of a considerable number of subjects, thereby significantly increasing the risk of violating the provisions outlined in Georgia's existing and forthcoming laws “on Personal Data Protection”. The paper examines the standards established for the legality of drone data processing and offers relevant recommendations to data controllers. See in detail: 
Journal №2 (2023)

Personal Data Protection According to the "Three-step Test" of the European Court of Human Rights: Risks and Challenges

∘ Tinatin Lolomadze ∘


Data protection is a key aspect of the legislative space. Data protection protects personal information Privacy and security in the face of technological advances and increased data usage. The article discusses the practice of the European Court of Human Rights and the “three-step” test, which is a widely recognized principle, and is used to assess the legality and validity of restrictions on fundamental rights. The “three-step” test requires that any limitation of a right, such as the right to data protection, must meet three criteria: legitimacy, necessity and proportionality. By following a three-step test, legislators and judges can strike a balance between protecting data privacy and a legitimate purpose or interest. See in detail: 

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