Ζητήματα προστασίας προσωπικών δεδομένων στην αστική δίκη

Μεσσαριτάκη, Μυρτώ

Master Thesis

Author

Μεσσαριτάκη, Μυρτώ

Date

2023-06

Abstract

In the present paper I attempt a general overview of the protection and general treatment of personal data throughout the phenomenon of a civil litigation, as it is currently regulated in the Greek legal order by national and international legislative texts at force in our legal order and as interpreted by the jurisprudence of the Green and European courts. Starting with a presentation of the concept of personal data, the value of their protection through all relevant legislation currently in force, we proceed to analyze the special role played by the various actors of a civil litigation (attorneys, courts) in relation with the personal data they are called to handle. A special chapter is dedicated to the use of personal data as evidence before the judicial authorities, due to the grave importance that the evidentiary process plays in the outcome of a case and also due to the higher probability of an offense against the personal data of persons being committed at this stage of the process. Particular emphasis is placed upon the jurisprudence of national and European courts, while a case-by-case analysis is attempted in the last part of this paper, as often times a different treatment is reserved for each type of evidence and personal data in question. Balancing out conflicting interests and rights is a key tool in determining whether or not an offence (against personal data) is permissible. In the absence of strict rules limiting the admissibility or inadmissibility of the use of said personal data and basing our judgements on a relative “weighting” (between the conflicting parts), the role of jurisprudence emerges as primordial, in the way that it has been shaped through the years by our national authority for the protection of personal data, under the regime in force before the GDPR and currently by civil courts.

Postgraduate Studies Programme

Δίκαιο και Τεχνολογίες Πληροφορικής και Επικοινωνιών (MSc in Law and Information and Communication Technologies)

Department

Σχολή Τεχνολογιών Πληροφορικής και Επικοινωνιών. Τμήμα Ψηφιακών Συστημάτων

Number of pages

Language

Greek

URI

https://dione.lib.unipi.gr/xmlui/handle/unipi/15701
http://dx.doi.org/10.26267/unipi_dione/3123

Collections

Τμήμα Ψηφιακών Συστημάτων

Show full item record

Except where otherwise noted, this item's license is described as
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα