The policing perspective of personal data protection and the right to be forgotten in Europe and in the Republic of Slovenia
Purpose:
The article raises the question, whether the data protection regulation in police procedures is sufficient and whether it does not 'harm' the person subject to the procedure.
Design/Methods/Approach:
The impact, advantages and disadvantages of legislative changes on implementing specific police tasks (e.g. biometric data, facial recognition systems and automatic identification of vehicle registration plates) are presented, emphasising regulation in the Republic of Slovenia as a systematic literature review.
Findings:
The latest changes in personal data protection were related to the definition, collection, processing, use, transmission and storage of personal data. An individual has rights relating to access to information, processing, correction, restrictions on use, transferability, deletion and objection to the processing of personal data. When police operate within the law, their powers must align with constitutional and legal provisions. This alignment safeguards interventions in individual privacy. Yet, without legal clarity, known as lex certa, there's a risk of actions becoming unwarranted intrusions into rights and freedoms. A consensus is needed between the protection of individual privacy and enabling the effective investigation and control of crime by law enforcement authorities.
Research Limitations / Implications:
The research was focus only on data protection regulation in police procedures.
Practical Implications:
The findings of the article offer insight into data protection regulation in police procedures and highlights the gaps and formulate starting points for future research.
Originality/Value:
The article is the first systematic literature review in data protection in police procedures in Slovenia.
UDC: 342.7:351.741(497.4)
Keywords: protection of personal data, GDPR, police procedures, right to be forgotten, Slovenia