SEX OFFENDER REGISTRY IN VIEW OF THE RIGHT TO PRIVACY AND THE RIGHT TO BE FORGOTTEN IN THE LIGHT OF THE GENERAL DATA PROTECTION REGULATION (GDPR) DIRECTIVE OF THE EUROPEAN PARLIAMENT AND COUNCIL (EU) 2016/680, DATED 04.27.2016, AND OTHER ACTS

Abstract

This paper aims to reflect upon the possibility of applying the GDPR and so-called police directive to a particular category of natural persons, i.e. persons convicted of sex offences. By comparing the provisions in force under the now-repealed Personal Data Protection Act of 29/08/1997 with the provisions introduced by the GDPR and regulations resulting, among others, from the European Convention on Human Rights, the authors attempt to indicate the directions being taken by current solutions and considerations concerning the guarantee of protection for the weaker party from a sex offender who – due to the offence that they have committed – can benefit to a much lesser degree from the legal protection of their image, data or the right to privacy. Modern regulations relating to personal data protection, including the possibility of exercising the right to be forgotten, are currently at the stage of numerous interpretations, thereby enabling the development of optimal solutions. The changes brought about on the one hand by GDPR, and on the other by the creation of the Sex Offender Registry, have opened up a broad range of possibilities apart from imprisonment enabling an impact on sex offenders.

Keywords

• sex offender registry
• GDPR