Pub Date : 2023-06-27DOI: 10.17951/sil.2023.32.2.249-266
M. Siwicki
The text analyses the normative regulations adopted by the Regulation (EU) 2016/679 of the European Parliament and of 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 (GDPR) in order to answer the question whether the said regulations properly balance the interests of both entities that use predictive analytics and profiling in their economic activity, and of persons whose data they process. As this type of processing is based on big data, the proper analysis of this issue had to begin with determining which types of data processed in such sets can be considered personal information and in what conditions they can be treated as such. Based on these findings, the study analyzed the duties imposed by the GDPR on entities processing personal data in situations when such information has been obtained from big data. This in turn made it possible to assess the adopted normative regulations as well as point to the possible solutions and development paths.
{"title":"Big Data Profiling and Predictive Analytics from the Perspective of GDPR","authors":"M. Siwicki","doi":"10.17951/sil.2023.32.2.249-266","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.249-266","url":null,"abstract":"The text analyses the normative regulations adopted by the Regulation (EU) 2016/679 of the European Parliament and of 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 (GDPR) in order to answer the question whether the said regulations properly balance the interests of both entities that use predictive analytics and profiling in their economic activity, and of persons whose data they process. As this type of processing is based on big data, the proper analysis of this issue had to begin with determining which types of data processed in such sets can be considered personal information and in what conditions they can be treated as such. Based on these findings, the study analyzed the duties imposed by the GDPR on entities processing personal data in situations when such information has been obtained from big data. This in turn made it possible to assess the adopted normative regulations as well as point to the possible solutions and development paths.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47102589","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.17951/sil.2023.32.2.203-223
Andrzej Lewna
The construction of strict liability has been for years one of the most controversial concepts in the field of substantive criminal law in common law countries. While the very idea of basing the liability of an individual of a repressive nature on a regime based on strictly objective assessments seems to stand in opposition to the principles of criminal law that are fundamental to Western systems, such as the individualization of liability and the principle of guilt, at the same time, the use of the construct discussed may bring about considerable instrumental benefits, especially with regard to the protective function of criminal law. The article discusses the concept of strict criminal liability as developed in the system of England and Wales and presents the position that this concept occupies in relation to the classic for Anglo-Saxon countries, a two-element approach to the structure of a prohibited act, based on the correspondence of both objective and subjective components, and then transfers the considered problems onto the Polish criminal law plane in order to analyse the possibility of adapting an analogous construct in the statutory regulation of the subjective side of a prohibited act. In addition, the article presents the thesis that the advantages of strict liability may support the modification of the national approach towards a partial resignation from the requirements of the presence of a specific subjective element in the psyche of the perpetrator of a prohibited act in relation to all its objective features.
{"title":"The Construct of Strict Liability in Criminal Law of England and Wales in the Context of Polish Legal Regulations on the Subjective Element in the Structure of a Prohibited Act","authors":"Andrzej Lewna","doi":"10.17951/sil.2023.32.2.203-223","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.203-223","url":null,"abstract":"The construction of strict liability has been for years one of the most controversial concepts in the field of substantive criminal law in common law countries. While the very idea of basing the liability of an individual of a repressive nature on a regime based on strictly objective assessments seems to stand in opposition to the principles of criminal law that are fundamental to Western systems, such as the individualization of liability and the principle of guilt, at the same time, the use of the construct discussed may bring about considerable instrumental benefits, especially with regard to the protective function of criminal law. The article discusses the concept of strict criminal liability as developed in the system of England and Wales and presents the position that this concept occupies in relation to the classic for Anglo-Saxon countries, a two-element approach to the structure of a prohibited act, based on the correspondence of both objective and subjective components, and then transfers the considered problems onto the Polish criminal law plane in order to analyse the possibility of adapting an analogous construct in the statutory regulation of the subjective side of a prohibited act. In addition, the article presents the thesis that the advantages of strict liability may support the modification of the national approach towards a partial resignation from the requirements of the presence of a specific subjective element in the psyche of the perpetrator of a prohibited act in relation to all its objective features.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48891246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.17951/sil.2023.32.2.189-201
M. Karpiuk
The article addresses the issue regarding the obligations of digital service providers performed in the area of cybersecurity. Because of their status as entities within the national cybersecurity system, they must respond to disruptions occurring in cyberspace. The measures taken by digital service providers to ensure the security of the information systems used to provide the digital service must lead to the minimisation of the risk of incidents i.e. phenomena that have or may have an adverse impact on cybersecurity. Economic and social development depends to a large extent on smoothly operating communication and information systems that ensure the provision of various types of services, including digital services. Disruptions in the functioning of these systems affect not only the stability of economic circulation but also the effectiveness of public institutions in performing their tasks. Given the above, the information obligations imposed on digital service providers regarding the requirement to report incidents or those related to taking measures to prevent or minimise their impact on a digital service are of major importance.
{"title":"The Legal Status of Digital Service Providers in the Sphere of Cybersecurity","authors":"M. Karpiuk","doi":"10.17951/sil.2023.32.2.189-201","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.189-201","url":null,"abstract":"The article addresses the issue regarding the obligations of digital service providers performed in the area of cybersecurity. Because of their status as entities within the national cybersecurity system, they must respond to disruptions occurring in cyberspace. The measures taken by digital service providers to ensure the security of the information systems used to provide the digital service must lead to the minimisation of the risk of incidents i.e. phenomena that have or may have an adverse impact on cybersecurity. Economic and social development depends to a large extent on smoothly operating communication and information systems that ensure the provision of various types of services, including digital services. Disruptions in the functioning of these systems affect not only the stability of economic circulation but also the effectiveness of public institutions in performing their tasks. Given the above, the information obligations imposed on digital service providers regarding the requirement to report incidents or those related to taking measures to prevent or minimise their impact on a digital service are of major importance.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41837137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.17951/sil.2023.32.2.149-171
Ewelina Foryt
In restructuring proceedings, supervision over the debtor’s assets is exercised by a judicial supervisor, who performs duties of significant importance not only for the arrangement proceedings. The effects of the judicial supervisor’s actions have an impact not only on the manner and timing of satisfying the debtor’s creditors, but in certain situations may influence the possibility of even partial satisfaction of the creditors. Therefore, an important issue is to determine the powers and duties of the judicial supervisor and thus his character and legal position in the arrangement procedure. The subject of this article is the presentation of the above issues and an attempt to determine the role that has been assigned to it by the legislator in the arrangement procedure.
{"title":"The Status of a Judicial Supervisor in Restructuring Proceedings","authors":"Ewelina Foryt","doi":"10.17951/sil.2023.32.2.149-171","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.149-171","url":null,"abstract":"In restructuring proceedings, supervision over the debtor’s assets is exercised by a judicial supervisor, who performs duties of significant importance not only for the arrangement proceedings. The effects of the judicial supervisor’s actions have an impact not only on the manner and timing of satisfying the debtor’s creditors, but in certain situations may influence the possibility of even partial satisfaction of the creditors. Therefore, an important issue is to determine the powers and duties of the judicial supervisor and thus his character and legal position in the arrangement procedure. The subject of this article is the presentation of the above issues and an attempt to determine the role that has been assigned to it by the legislator in the arrangement procedure.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49441401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.17951/sil.2023.32.2.117-132
Lili Gönczi, I. Hoffman
The regional development aids have a significant role in Hungarian economic life, therefore, the legal regulation on them and the remedies against the decisions of the state agencies can be considered as an important issue. The article analyses the dogmatic background of state aid and regional development contracts. It is emphasized, that there is a tension between the EU and national-level legislation. These contracts and the liability for these contracts are interpreted as an administrative one by the EU regulation, however, the private law nature of these contracts is mainly highlighted by the Hungarian legislation and partly by the judicial practice. The article examines judicial practice, and it can be emphasized, that the above-mentioned tension can be observed in it. This tension has significant effects, especially since the effectiveness of these remedies can be questioned.
{"title":"The Sui Generis Nature of Legal Protection in the Case of Regional Development Aids in the Hungarian Legislation and Legal Practice – Focused on Irregularity Issues","authors":"Lili Gönczi, I. Hoffman","doi":"10.17951/sil.2023.32.2.117-132","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.117-132","url":null,"abstract":"The regional development aids have a significant role in Hungarian economic life, therefore, the legal regulation on them and the remedies against the decisions of the state agencies can be considered as an important issue. The article analyses the dogmatic background of state aid and regional development contracts. It is emphasized, that there is a tension between the EU and national-level legislation. These contracts and the liability for these contracts are interpreted as an administrative one by the EU regulation, however, the private law nature of these contracts is mainly highlighted by the Hungarian legislation and partly by the judicial practice. The article examines judicial practice, and it can be emphasized, that the above-mentioned tension can be observed in it. This tension has significant effects, especially since the effectiveness of these remedies can be questioned.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46977500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.17951/sil.2023.32.2.11-34
S. Roy, Nabanita Sen
In recent years, consumer electronics marked momentum in consumer durables, but unfortunately repair activities of products suffered setbacks as it relatively involved higher costs due to a lack of repair infrastructure. The study focused on the freedom and rights of consumers to fix their own faulty devices as per the repair manual or to select the service provider of their choice without being mandated by manufacturer’s whims. The research undertaken is methodological in nature and aims to empower consumers through synchronizing trade between manufacturers and third-party sellers and buyers while ensuring sustainability in consumption of products by reducing e-waste with implications for policy-makers, researchers, public in framing strategies sustainable economic development. The survey of 112 respondents identifies the scope and need for the right, which has significant benefits to consumers whereby a plurality of respondents expressed a pragmatic unequivocal perspective towards recognition of a right to repair. The statistical representations reflect the original response collected on a pan-India basis through a survey-based structured questionnaire method. This ensures free and fair trade in prioritizing consumer protection while sketching the need for a discrete piece of legislation on the Right to Repair. The aim of the article is an attempt to identify digital reality along with digital maturity to embrace the consumer’s decision-making process. It intends to prevent unfair trade while promoting free trade and proposing discrete legislation on the Right to Repair so that it may be efficacious for the policy-makers in encompassing the provisions of the right to repair spelled with recognizing and reclaiming consumer protection as well.
{"title":"Right to Repair: A Reflective Facet of Consumer Justice","authors":"S. Roy, Nabanita Sen","doi":"10.17951/sil.2023.32.2.11-34","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.11-34","url":null,"abstract":"In recent years, consumer electronics marked momentum in consumer durables, but unfortunately repair activities of products suffered setbacks as it relatively involved higher costs due to a lack of repair infrastructure. The study focused on the freedom and rights of consumers to fix their own faulty devices as per the repair manual or to select the service provider of their choice without being mandated by manufacturer’s whims. The research undertaken is methodological in nature and aims to empower consumers through synchronizing trade between manufacturers and third-party sellers and buyers while ensuring sustainability in consumption of products by reducing e-waste with implications for policy-makers, researchers, public in framing strategies sustainable economic development. The survey of 112 respondents identifies the scope and need for the right, which has significant benefits to consumers whereby a plurality of respondents expressed a pragmatic unequivocal perspective towards recognition of a right to repair. The statistical representations reflect the original response collected on a pan-India basis through a survey-based structured questionnaire method. This ensures free and fair trade in prioritizing consumer protection while sketching the need for a discrete piece of legislation on the Right to Repair. The aim of the article is an attempt to identify digital reality along with digital maturity to embrace the consumer’s decision-making process. It intends to prevent unfair trade while promoting free trade and proposing discrete legislation on the Right to Repair so that it may be efficacious for the policy-makers in encompassing the provisions of the right to repair spelled with recognizing and reclaiming consumer protection as well.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46357139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.17951/sil.2023.32.2.103-115
W. Dziedziak
The study is of a mostly conceptual and scientific-and-research nature, and the analyses contained herein are of a universal character. The article discusses the issue of relations of justice in social life. These relations have been based on the example of the right to life from the moment of conception, as it is the first, basic, and superior right. It began with considerations regarding the notion of justice. As a starting point, the classic definition in the formula “to render to everyone his or her own” (suum cuique tribuere) was adopted. It was emphasized that justice is for every human being. It was stated that justice as a universal value and a principle-norm, from which obligations originate, “builds” relations between entities. The article mostly analyses the relation between entities A and B, where entity A is every human being (the scientific data justifying when a human being originates are also pointed out), and entity B is a holder of legislative authority, always defined as an individual body just because of the considerations of justice, and as such participating in the relationship of justice.
{"title":"Justice as Relations in Social Life","authors":"W. Dziedziak","doi":"10.17951/sil.2023.32.2.103-115","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.103-115","url":null,"abstract":"The study is of a mostly conceptual and scientific-and-research nature, and the analyses contained herein are of a universal character. The article discusses the issue of relations of justice in social life. These relations have been based on the example of the right to life from the moment of conception, as it is the first, basic, and superior right. It began with considerations regarding the notion of justice. As a starting point, the classic definition in the formula “to render to everyone his or her own” (suum cuique tribuere) was adopted. It was emphasized that justice is for every human being. It was stated that justice as a universal value and a principle-norm, from which obligations originate, “builds” relations between entities. The article mostly analyses the relation between entities A and B, where entity A is every human being (the scientific data justifying when a human being originates are also pointed out), and entity B is a holder of legislative authority, always defined as an individual body just because of the considerations of justice, and as such participating in the relationship of justice.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46401304","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.17951/sil.2023.32.2.57-72
Włodzimierz Broński, Damian Bara, Marek A. Dąbrowski, Piotr Sławicki
The purpose of the article is to provide a dogmatic analysis of the current regulations on mediation in penitentiary proceedings in the context of its practical functioning in penitentiary units within the territory of the Regional Inspectorate of the Prison Service in Lublin. The current legal solutions are incorrect and require significant modification. This is supported by significant doubts as to the interpretation of the law and practice related to the regulation in question. Furthermore, they do not sufficiently implement acts of international law. This article consists of four parts. The first part presents the essence of mediation in penitentiary proceedings. Next, the legal nature of the mediation settlement agreement concluded in these proceedings and the international legal acts on restorative justice at the stage of serving a sentence are discussed. The last part describes the practice of applying mediation at the Regional Inspectorate of the Prison Service in Lublin.
{"title":"Mediation in Penal Enforcement Proceedings de lege lata","authors":"Włodzimierz Broński, Damian Bara, Marek A. Dąbrowski, Piotr Sławicki","doi":"10.17951/sil.2023.32.2.57-72","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.57-72","url":null,"abstract":"The purpose of the article is to provide a dogmatic analysis of the current regulations on mediation in penitentiary proceedings in the context of its practical functioning in penitentiary units within the territory of the Regional Inspectorate of the Prison Service in Lublin. The current legal solutions are incorrect and require significant modification. This is supported by significant doubts as to the interpretation of the law and practice related to the regulation in question. Furthermore, they do not sufficiently implement acts of international law. This article consists of four parts. The first part presents the essence of mediation in penitentiary proceedings. Next, the legal nature of the mediation settlement agreement concluded in these proceedings and the international legal acts on restorative justice at the stage of serving a sentence are discussed. The last part describes the practice of applying mediation at the Regional Inspectorate of the Prison Service in Lublin.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43419663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.17951/sil.2023.32.2.35-55
Ildikó Bartha, T. Horváth
Compatibility of economic advantages with the internal market refers to the economic impact of state aid that is permitted by EU competition rules. In general, this approach is based on the acceptance of derogations from basic obligations in a market economy, that may also be granted by the European Union to its Member States. Due advantages seem compatible with EU law per se, however, such compatibility also depends on the discretion of the competent administrative and judicial bodies. According to the analytical and empirical legal policy investigation presented in this article, the activity of the Court of Justice of the European Union is increasing in order to allow exceptions from general rules and extend the scope of compatibility in this field. This process may lead to enhance derogations from market-based commitments in Member States, typically in certain Central and Eastern European countries, which tend to emphasize the primacy of national regulation and are keen to exploit the potential of such broader regulatory autonomy. The aim of the study is to identify the origin and nature of this risk in order to support efforts that may diminish harmful effects in an EU-wide context. The empirical evidence of the paper derives from a systematically selected set of case law as a context by which the examined policy orientation is mirrored.
{"title":"State Aid as a Risk in the Policy of Competitive Advantages in the European Union","authors":"Ildikó Bartha, T. Horváth","doi":"10.17951/sil.2023.32.2.35-55","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.35-55","url":null,"abstract":"Compatibility of economic advantages with the internal market refers to the economic impact of state aid that is permitted by EU competition rules. In general, this approach is based on the acceptance of derogations from basic obligations in a market economy, that may also be granted by the European Union to its Member States. Due advantages seem compatible with EU law per se, however, such compatibility also depends on the discretion of the competent administrative and judicial bodies. According to the analytical and empirical legal policy investigation presented in this article, the activity of the Court of Justice of the European Union is increasing in order to allow exceptions from general rules and extend the scope of compatibility in this field. This process may lead to enhance derogations from market-based commitments in Member States, typically in certain Central and Eastern European countries, which tend to emphasize the primacy of national regulation and are keen to exploit the potential of such broader regulatory autonomy. The aim of the study is to identify the origin and nature of this risk in order to support efforts that may diminish harmful effects in an EU-wide context. The empirical evidence of the paper derives from a systematically selected set of case law as a context by which the examined policy orientation is mirrored.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43580277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-27DOI: 10.17951/sil.2023.32.2.335-345
Paweł Fajgielski
In the judgment in question, the Court of Justice of the European Union rules that Article 38 (3) GDPR does not preclude national legislation which provides that a termination of the employment contract of a data protection officer is allowed only with just cause, even if the termination is not related to the performance of that officer’s tasks, in so far as such legislation does not undermine the achievement of the objectives of that regulation. In the approving commentary, based on the theses contained in the judgment, the reasons related to the performance of the data protection officer tasks and other reasons for the inspector’s dismissal are discussed. Doubts related to the dismissal of the data protection officer due to the reorganization of the company are also highlighted. The issue of dismissal of the data protection officer is of great practical importance, the considerations and conclusions presented in the commentary may be helpful for many controllers.
{"title":"The Termination of the Employment Contract of a Data Protection Officer under GDPR: Commentary on the Judgment of the Court of Justice of the European Union in Leistritz AG v LH (C-534/20)","authors":"Paweł Fajgielski","doi":"10.17951/sil.2023.32.2.335-345","DOIUrl":"https://doi.org/10.17951/sil.2023.32.2.335-345","url":null,"abstract":"In the judgment in question, the Court of Justice of the European Union rules that Article 38 (3) GDPR does not preclude national legislation which provides that a termination of the employment contract of a data protection officer is allowed only with just cause, even if the termination is not related to the performance of that officer’s tasks, in so far as such legislation does not undermine the achievement of the objectives of that regulation. In the approving commentary, based on the theses contained in the judgment, the reasons related to the performance of the data protection officer tasks and other reasons for the inspector’s dismissal are discussed. Doubts related to the dismissal of the data protection officer due to the reorganization of the company are also highlighted. The issue of dismissal of the data protection officer is of great practical importance, the considerations and conclusions presented in the commentary may be helpful for many controllers.","PeriodicalId":36157,"journal":{"name":"Studia Iuridica Lublinensia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46820009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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