S23-17The media and the right to privacy. Analysis of the changes introduced by the Regulation (EU) 2016/679 in the legal framework for personal data protection. What did the European legislator intend?
In a time when information and communication constantly surround us, the processes of collecting, retaining, checking, and transmitting personal data, among others, are now subject to a fairly demanding legal framework as directive 95/46/EC of the European Parliament and Council was transposed into the Portuguese legal system through law 67/98 from October 26.
Regarding the European concern in protecting and sharing personal data, on April 27, 2016 regulation 2016/679 of the European Parliament and Council was published. Repealing the aforementioned directive, this regulation will enter into force on May 25, 2018, clarifying the existing concepts and principles in terms of data protection, and broadening the duties all entities dealing with personal data are now bound to comply.
Nowadays it is quite common for companies to have access to personal data as part of their daily economic activity. However, with the new regulation, the protection of these data becomes a community priority, which makes it paramount that economic agents are aware of their legal obligations and take the necessary steps to comply with them, under penalty of onerous financial sanctions.
It is only logical that we address this European normative rule by analysing the main clash points with Portuguese law. Our analysis stems from the paradigm of the current data protection law and its corresponding related right towards a qualitative and descriptive legal research involving potential contingencies and improvement areas before the new legislation enters into force.
Even though several matters covered in the new regulation still lack greater detail, our paper aims at describing some significant changes by comparing the respective legal institute with the current data protection framework, especially regarding the activity of the Portuguese media.
Data protection, regulation, security, cybercrime, media
|Marco Ribeiro Henriques||FDUNL/FCT||Portugal|