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26 konferencja
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PLENARY SESSION

THE INDIVIDUAL'S PRIVACY VERSUS THE NEED TO DEAL WITH THE PAST

The return of many states to the group of democratic communities has created a possibility of introduction of the law guaranteeing human rights, including everyone's right to know about data (documents) collected by totalitarian state officers. In Europe the data subject's right of access to the information contained in the documents referring to him or her has been enshrined in the Directive 95/46/EC on Personal Data Protection and national legislation correlated with the Directive. A question arises, however, whether also other persons may have the right to consult the files produced by totalitarian regimes guaranteed. How shall the rights of the data subject be guaranteed in order not allow for renewed infringement of the rights of the data subject such as the right to good reputation or the right to privacy? Is it allowed, applying the principle of equality before the law, to make the access to the files possible in the same extent for victims and officers of former regimes? Have all the countries clearing the accounts with the past headed in the same direction while passing the legislation?
Privacy Policy COPYRIGHT BY BIURO GENERALNEGO INSPEKTORA OCHRONY DANYCH OSOBOWYCH, 2004