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5 Juridical Trib. 88 (2015)
Theoretical and Practical Issues Relating to the Right to the Protection of Personal Data

handle is hein.journals/juridtrib5 and id is 228 raw text is: Theoretical and practical issues relating to the right to the protection of personal data Professor Camelia Florentina STOICA1 Lecturer Marieta SAFTA2 Abstract The legal regime of the right to the protection of personal data is of particular concern in the context of the technological developments that have as a consequence the increased collection and exchange of such data. Information technology and its development constitute forms of evolution of society, but this evolution must take place within the limits of and with respect for fundamental rights as regulated by States' Constitutions and the relevant international documents. Having regard to the dynamics of these phenomena, timely and continuous adaptation of the legislation is undoubtedly difficult. As a result, an important role in the definition and guarantee of the right to the protection ofpersonal data and the reconciliation with otherffundamental rights that also need to be protected is played by national courts (particularly the constitutional courts) and international courts, obliged to carry out an evolutionary and at the same time consistent approach in this matter. The judges' dialogue is thus the key to ensuring an effective protection offundamental rights that need to be reconciled. Keywords: right to the protection ofpersonal data, right to information, review of constitutionality, proportionality JEL Classification: K23, K33 1. Introduction The protection of personal data is undoubtedly a topical subject, both nationally and internationally. In the European Union there is, as already pointed out, a genuine constitutional concern with regard to the protection of personal data.' As of 1 December 2009, the right to protection of personal data has been a fundamental right at EU level and it has been enshrined as such in Article 8 of the Charter of Fundamental Rights of the European Union. The European regulatory framework for the protection of natural persons during the processing of personal data is, however, much more extensive, including the Charter and the Treaty on European Union, the Treaty on the Functioning of the EU, the rules of secondary Camelia Florentina Stoica - Law Department, Bucharest University of Economic Studies, camelia.stoica@ cig.ase.ro . 2 MarietaSafta - Faculty of Law,TituMaiorescu University, Bucharest, marietasafta@yahoo.com 3 D. M. SANDRU, The legal regime of protection of personal data is in the process of reforming, Revista romrn de drept al afacerilor no. 3/2015.

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