Protection of Personal Data in the Information Society: Selected Issues

Abstract

The article discusses key issues related to the processing of personal data in an era of dynamic technological development. The authors point out that modern societies, characterised by the circulation of information and new media, face a growing threat of surveillance, both by states and by global private entities. The fundamental human right to privacy therefore requires special protection in circumstances in which personal data have become an economic resource of considerable importance. The aim of the article is to identify and analyse the most significant threats to personal data protection in the information society and to assess the adequacy of the existing legal framework. The study applies the dogmatic legal method, involving an analysis of legal acts, case law and legal scholarship, supplemented by elements of the comparative method. The article discusses four main challenges. The first is artificial intelligence, whose development offers innovative potential but also entails the risk of a loss of individual autonomy. The European Union was the first jurisdiction in the world to introduce the AI Act, which lays down rules governing the use of AI systems and their compliance with the GDPR. The second issue is profiling and scoring, namely automated decision-making, often used in finance or insurance, which raises concerns about discrimination and a lack of human oversight. The third challenge is social media, through which users voluntarily share large amounts of data, often unknowingly disclosing sensitive information. The final issue concerns monitoring and the use of biometric devices, which require strict compliance with the principles of consent, data minimisation and purpose limitation. The analysis leads to the conclusion that effective personal data protection in the information society requires legal regulations, such as the GDPR and the AI Act, to be combined with their effective enforcement in order to maintain a balance between technological development and individual rights.