CONTROL IN THE SPHERE OF PERSONAL DATA PROTECTION EXERCISED BY THE INSPECTORATE TO THE SUPREME JUDICIAL COUNCIL

Zhivka Mateeva
Chief Assist. Prof, Ph.D., University of Economics – Varna, Bulgaria, jivkamateeva@ue-varna.bg

Abstract

Supervision is the key aspect in the personal data protection regime. The issues related to the control over the keeping of the regulation in the sphere of personal data protection have been gaining momentum over the past years. This circumstance hails from the fact that the globally changing social and economic conditions and the enhanced introduction of new technologies predetermine a more intense information flow, including personal data and a growing number of cross-border data transfers. One of the negative consequences of this impact is the infringement of the inviolability of the individual and personal privacy through unauthorised collecting, processing and storing of personal data, which also exists in Bulgaria. That is why the efficiency of the control exercised by the supervisory authority influences the protection of natural persons in cases of illegal processing and its relegation to the relevant legislation. This survey analyses the supervising activities of the inspectorate to the supreme judicial council as a legally appointed authority within the judiciary, guaranteeing the compliance with the regulations for personal data protection when they are being processed for the purposes of court proceedings. Focus is put on the current and complex changes in the legislation introduced by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data. On the grounds of the analysis conclusions are drawn on the application of the new regulations on personal data protection. 

Keywords: supervision, personal data protection, legislature, prosecution, investigation, leverage tools.