Prawo do decydowania o zakresie i zasięgu informacji udostępnianych innym osobom na temat swojego życia w kontekście Big Data
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Date
2014
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Publisher
Wydawnictwo Naukowe UAM
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The right to decide upon the scope of information and the range of recipients personal data available to third parties in the context of the Big Data
Abstract
The technological development and naturally fl owing from it possibilities of managing
information generate increasing anxiety regarding the right to confi dentiality of
private information and its protection. In this age of considerable technological
progress combined with mass access to mobile applications, big data processing
has become of particular signifi cance. A substantial economic signifi cance of data
processing was also stressed in ordinance No. 157 of the Council of Ministers held on 25 September 2012 on the adoption of the Country’s Development Strategy
2020. Acknowledging the economic importance of big data processing, the Council
of Ministers seemed to recognise the potential obstacles to its advancement due
to still prevailing in Poland insuffi cient technological development, unsatisfactory
equipment and mental resistance to change and novelty, and expressed doubts
concerning aggregation and use of big data sets.
Thus this paper aims to determine whether, and if, then what kind of threats
may arise from the implementation of Big Data processing in Polish reality. In order
to do that, the concept of Big Data needed first to be given a precise defi nition.
Strangely enough, there is no such notion in Polish legal terminology despite the
fact that the term has been used by central administrative bodies and theorists of
the subject. Next the very issue of Big Data with a particular emphasis of the right to
privacy and a guarantee of its protection is discussed. Since data protection derives
from the protection of privacy, an attempt was also made to identify the current
judicial problems related to personal data protection based on the analysis of the
decisions delivered by the European Court of Human Rights, the Constitutional
Court (Trybunał Konstytucyjny) and the Supreme Administrative Court (Naczelny
Sąd Administracyjny) as well as regional administrative courts.
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Keywords
Big Data, big data base processing, right to privacy, data protection
Citation
Studia Prawa Publicznego, 2014, Nr 4 (8), s. 83-101
ISBN
978-83-232-2828-8