The right to access one’s own data is explicitly acknowledged as a fundamental right in Article 8 (2) of the Charter of Fundamental Rights of the EU which states that “Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified” and is regulated under Article 15 of the General Data Protection Regulation (GDPR). Although the Romanian courts and other judicial authorities must ensure compliance with the rules of the General Data Protection Regulation which regulates the right of access by the data subject, the data protection supervisory authorities are not competent to supervise processing operations of courts when acting in their judicial capacity and our national legislator did not entrust this mission to specific bodies within our judicial system. Consequently at least one court considered that the scope of Article 15 GDPR does not include its jurisdictional activity. Therefore, this study will present a practical case on the effective judicial remedy for the infringement by a civil court of the right to access. The main conclusion after analysing the effective remedy can only be that, despite the adage iura novit curia, it is necessary to raise awareness on data protection regulation even among those called to apply the law.
European Union Law
UE Law and Comparative Law
Articles (Studies, discussions, comments)