O POTREBI HARMONIZACIJE ZAKONA O ZAŠTITI PODATAKA O LIČNOSTI SA DIREKTIVAMA I DRUGIM PROPISIMA EU

Milenković Dejan (Факултет политичких наука, Универзитет у Београду),

Personal data protection is an integral part of the corpus of the right to privacy, as a human right. As such, it is guaranteed in the Charter of Human Rights of the EU through the right to respect for private and family life and protection of personal data. Standards of protection of personal data, as a subjective, personal right of citizens, were determined at the level of the EU Directive 95/46 EC. Progress in modern information and communication technologies caused further development and improvement of these standards through other later EU directives. The importance of this right for the EU is also demonstrated in the fact that already in 2012 the Proposal of the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data was prepared and it will soon replace Directive 95/46 EC. Therefore, in the near future, data protection will no longer be a question of harmonization, but the field of direct implementation of the of EU legislation. According to the European Commission reports on Serbia\'s progress, the Serbian Law on Personal Data Protection (2008) was in several occasions evaluated only as partially harmonized with Directive 95/46/EC and with later EU legislations. After the entry into force of the SAA, the Republic of Serbia has an obligation for harmonization. In this paper, the key shortcomings of the legislative framework within this area in the Republic of Serbia are presented and recommendations for their resolution are provided.

Keywords: human rights, right to privacy, protection of personal data, European Union legislation, harmonization