DREPTUL LA VIAŢA INTIMĂ, FAMILIALĂ ŞI PRIVATĂ (ART. 26 DIN CONSTITUȚIA ROMÂNIEI) ȘI PROTECȚIA DATELOR CU CARACTER PERSONAL (GDPR/REGULAMENTUL GENERAL PRIVIND PROTECȚIA DATELOR)

Abstract: The fundamental right to intimate, family and private life is re-gulated by Article 8 of the European Convention on Human Rights and Arti-cle 17 of the International Covenant on Civil and Political Rights. Article 8 of the European Convention on Human Rights guarantees the right to private and family life and states that „Everyone has the right to respect for his pri-vate and family life, his home and his correspondence”. According to Article 17 of the International Covenant on Civil and Political Rights: „No one shall be subject to any arbitrary or illegal interference in his private life, family, home or correspondence, nor to illegal attacks on his honor and reputation. Every person is entitled to the protection of the law against such interference or touching”.
Article 26 of the Romanian Constitution, revised in 2003, regulates the right to intimate, family and private life as a fundamental right. It guarantees that public authorities respect and protect intimate, family, and private life. The natural person has the right to dispose of himself, if he does not violate the rights and freedoms of others, public order or good morals.
Article 12 of the Universal Declaration of Human Rights guarantees the right to private life which states that: ,,No one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks”.
In this article, the fundamental right to intimate, family and private life is analysed, in close connection with the protection of the right to the protection of personal data, as the latter is regulated in Article 8 of the Charter of Fun-damental Rights of the European Union; thus, any person has the right to the protection of personal data, and the processing of personal data must be car-ried out correctly, for the specified purposes and based on a legitimate basis.
Respect for intimate, family, and private life is closely related to the pro-tection of personal data. In parallel with the development of society and tech-nology, we are witnessing an increase in the processing of personal data and adequate protection is required.
The legal processing of personal data must be carried out under the condi-tions established by the General Data Protection Regulation [Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016].
The article analyzes some aspects related to the protection of the person’s right to his own image, as a right included in the right to intimate, family and private life.
The development of modern technologies and intelligent systems causes new threats to the right to privacy, especially to the right to the protection of personal data, which must evolve through the development of effective means of protection.