Publication details
Souhlasy s cookies a přístupy k ochraně osobních údajů
| Title in English | Cookie consents and approaches to data protection |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Pravnik |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | data protection; personal data; cookies; control; trust |
| Description | The subject of the article is a discussion of current approaches to the protection of personal data in the light of the amended legal regulation on the storage and reading of data from end devices of electronic communications services users, which, among other things, extends the requirements for the collection of consent to the use of so-called cookies. The article therefore presents an approach to data protection based on control by the data subject and an approach based on protecting the trust placed in those who process personal data. Subsequently, the suitability of both approaches for establishing data protection in today's society characterized by large-scale processing of personal data is discussed. The author concludes that the control-based approach should not be the dominant approach to the protection of personal data, as control of such a scale of processing by those concerned is not possible given the limited time and the limits of rational decision-making. Therefore, he proposes to emphasise the trust-based approach in the protection of personal data. This is already widely reflected in general data protection legislation, but not in the area of privacy and personal data protection in electronic communications. The author therefore proposes to abandon the requirement for consent to store and read data from electronic communications services users' devices and to replace it with a link to the general rules on data protection, complemented by an interpretation of the European Data Protection Board elaborating on the principles of the trust-based approach. |
| Related projects: |