Digitalna doba in temeljne pravice v Evropski uniji

slovenian

2020

volume 46, issue 6/7

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

The author discusses the importance of fundamental rights in the digital age. She outlines the main legal sources in the EU, in particular the EU Charter of Fundamental Rights. Moreover, the issue of the relationship between practice, legislation and case law in the field of digital practices is addressed. The article then shows the influence of the Court of Justice of the EU in this area, as well as its case law (cases Google Spain (the right to be forgotten), Schrems (transfer of personal data to the USA) and Glawischnig-Piesczek (right to request deletion of comments on Facebook)). Problems related to digital practices in the corona crisis and problems with fundamental rights encroachments are also presented. The provisions of the GDPR, which allows for restrictions on the protection of personal data during epidemics, are also considered. In conclusion, the importance of digital law in the field of justice is presented, especially regarding the problem of decision making with algorithms, which raises the question of the existence of the right to a judge as a human being.

23.03.2021