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The policing perspective of personal data protection and the right to be forgotten in Europe and in the Republic of SloveniaMiha Dvojmoč,
Tinkara Bulovec,
Katja Eman, 2023, review article
Abstract: Purpose:
The article raises the question, whether the data protection regulation in
police procedures is sufficient and whether it does not ‘harm’ the person subject
to the procedure.
Design/Methods/Approach:
The impact, advantages and disadvantages of legislative changes on
implementing specific police tasks (e.g. biometric data, facial recognition
systems and automatic identification of vehicle registration plates) are presented,
emphasising regulation in the Republic of Slovenia as a systematic literature
review.
Findings:
The latest changes in personal data protection were related to the definition,
collection, processing, use, transmission and storage of personal data. An
individual has rights relating to access to information, processing, correction,
restrictions on use, transferability, deletion and objection to the processing of
personal data. When police operate within the law, their powers must align with
constitutional and legal provisions. This alignment safeguards interventions
in individual privacy. Yet, without legal clarity, known as lex certa, there’s a
risk of actions becoming unwarranted intrusions into rights and freedoms. A
consensus is needed between the protection of individual privacy and enabling
the effective investigation and control of crime by law enforcement authorities.
Research Limitation/Implications:
The research was focus only on data protection regulation in police
procedures.
Practical Implication:
The findings of the article offer insight into data protection regulation in
police procedures and highlights the gaps and formulate starting points for
future research. Originality/Value:
The article is the first systematic literature review in data protection in police
procedures in Slovenia.
Keywords: protection of personal data, GDPR, police procedures, right to be forgotten, Slovenia
Published in DKUM: 15.01.2024; Views: 287; Downloads: 12
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