Vitomir Boić, LL.M., is the president of the County Court of Velika Gorica, the Head of the Department of Social Sciences at the University of Applied Health Sciences in Zagreb and an associate professor at the Department of Civil Procedural Law at the Faculty of Law, University of Zagreb. He is a judge with years of experience, the author of a number of scientific papers and a member of several regulatory working groups. Main areas of his interest include enforcement law and insurance law.
Application of the General Data Protection Regulation - GDPR in court decisions
The right to the protection of personal data is one of the fundamental rights of every person. The purpose of personal data protection is the protection of private life and other human rights, as well as fundamental freedoms, in the collection, processing and use of personal data.
The United Nations Universal Declaration of Human Rights of 10 December 1948 states: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.”
Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 states that everyone has the right to respect for his private and family life, his home and his correspondence and that there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in the interests of public safety, for the prevention of crime, and so forth.
In order to raise public awareness of the right to the protection of personal data, the Council of Europe, with the support of the European Commission, launched the “EUROPEAN DATA PROTECTION DAY” to be celebrated each year on 28 January.
In the Republic of Croatia, the right to the protection of personal data is a constitutional category which guarantees the protection of human rights and fundamental freedoms to everyone, irrespective of their citizenship or place of residence and regardless of their race, colour, sex, language, religion, political or any other opinion, ethnic or social origin, property, birth, education, social status or any other such ground.
Principles and rules on the protection of individuals with regard to the processing of their personal data should respect their fundamental rights and freedoms, and in particular their right to the protection of personal data, regardless of their nationality or place of residence.
The reform of personal data protection in the European Union was initiated by technological developments and new ways of processing personal data that made it imperative to adopt a new instrument which would ensure the protection of rights and fundamental freedoms of individuals with regard to the processing of their personal data. Thus, after a long negotiation, the Regulation (EU) 2016/679, which entered into force on 25 May 2016 and which has been applicable in the Republic of Croatia since 25 May 2018, was adopted. The Regulation brings up to date and redefines the scope of personal data protection throughout the European Union. The new EU Regulation applies directly to all Member States without need for further conversion into national legislation. The General Data Protection Regulation (GDPR) regulates the general protection of personal data of citizens of the European Union.