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Unauthorised Monitoring of Data: Legislation of the EU and Transposition into Czech Law

Publication at Faculty of Law |
2016

Abstract

This part of the criminal law chapter called Unauthorised Monitoring of Data: Legislation of the EU and Transposition into Czech Law carries out an analysis of right to data protection from a general point of view, i.e. right to data protection as a part of right to respect for private life. The author mentions the test of proportionality which establishes limits to use and monitoring of data.

The core of the European legislation constitutes the Directive 2013/40/EU on attacks against information systems which is being hereby reviewed, however the case law of the European Court of Justice is also covered. The author also includes the international regulation.

Nevertheless, the main focus is dedicated to the Czech legislation, above all to the Act on cybersecurity. This contribution to criminal law chapter is concluded with suggestion how the legislation on data protection may develop in the future.