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Is There A Special Law For The Protection Of Personal Data

Posted on May 22, 2019 in Law

The criminal offense of Unauthorized Collection of Personal Data, is the one that the personally identifiable information collected, processed and used by law is obtained by unauthorized acquisition, disclosed to another or used for the purpose for which it is not intended. Make sure to book a free consultation and have your law meeting with us.

Personally identifiable information is defined the Law on Personal Data Protection, as follows: “Personal information is any information concerning a natural person, regardless of the form in which it is expressed and on the information carrier (paper, tape, film, electronic media, etc.), on whose behalf or for whose account the information is stored, the date of the creation of information, the location of information storage, the way information is learned (directly, through listening, watching etc., or indirectly, through inspecting the document in which the information is contained, etc.), or regardless of the other property of the information.” So, be very careful about what information about “personality” (not your, but other people) you communicate via social networks, because these data, as you can see, are very wide-ranging. Criminal prosecution for the basic form of this criminal offense is undertaken by a private lawsuit.

A full harassment is “any verbal, non-verbal or physical behavior that aims or constitutes a violation of the dignity of a person in the field of sexual life that causes fear or creates an enmity, degrading or offensive environment.” The problem of communication through a social network is even more pronounced in this crime, because it is known that a good part of the population has more courage to communicate something to someone, in any way, when that face is not in the periphery of the view, but when it is. In addition to unequivocal explicit expressions of sexual nature, in which the issue of the limit of jurisdiction does not arise (because the boundary never existed in such cases), a kind of “macho behavior” through social networks. The violation of dignity in the sphere of sex life is also a broad and sensitive category, and due to the lack of practical examples, i.e. undifferentiated practices, can lead to many unwanted situations, i.e. criminal lawsuit. The perpetrator of this criminal offense is prosecuted by the competent public prosecutor.

Through social networks, we can also commit the criminal offense, which essentially does not require a special analysis, except for the remark that the character of the expressed thoughts, verbal or concluding actions (showing a middle finger) appreciates the understanding of the environment where insult was created, or according to the concepts of dignity of the participants themselves (the defendant and the injured party). The object of protection (what is protected by the criminal offense) in this criminal offense – honor, is often defined as a set of intangible values ‚Äč‚Äčthat a person possesses as a human being and as a member of a particular human community.

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