LIABILITY OF INTERNET USERS AND INTERNET DATA PROVIDERS IN THE CONTEXT OF THE REFORM OF THE EU DATA PROTECTION LAW

Abstract

On 25 January 2012 the European Commission proposed a comprehensive reform of the EC 1995 data protection rules. The need for this reform can be explained by rising impact of IT technologies on our lives; astounding capabilities of modern technologies; increased globalization of data flows and access to personal data by law enforcement authorities by means of electronic data basis. What is more, at the time when the old directive was adopted, the Internet barely existed. Nowadays, however, reality data processing is taking place on websites, search engines and social networks. That is why the aim of the new legislative acts proposed by the Commission is to, broadly speaking, dealiniate the liability of - on one hand - internet users and - on the other - internet providers. This paper discusses data protection tools introduced by the European Commission; firstly, the European legal framework for data protection; secondly, the possible ways aimed at reinforcement of rights of data subjects, e.g. the definition of consent; thirdly, enhancement of responsibility of controllers and processors as well as liability of internet users and internet data providers in the context of the right to be forgotten; and finally the European case law concerning liability of Internet users and Internet providers.