40. HISTORICAL-CULTURAL AND LEGAL ASPECTS OF THE RIGHT TO PRIVACY AND SPATIAL INFORMATION. CHALLENGES RELATED TO THE DEVELOPMENT OF TECHNOLOGY: CONSTITUTIONAL STANDARDS (POLISH CASE)
Privacy and its protection is the subject of numerous studies. This concept does not have one definition. Privacy is determined before indicating the areas that it covers. Historical, cultural, social and civilizational changes influenced the way of understanding privacy. With time, the need to protect this value by law was created. No one undermines the right to privacy. However, the question arises whether the universal and fairly general approach to this law is sufficient for the challenges posed by modern civilization and its development, including technological development. In this context, attention should be paid to the threats to privacy that may be caused by the processing of data resulting from spatial information. Technological development makes it easier to obtain this information, which means that in this respect it is necessary to indicate certain limits of permissible interference in privacy. The analysis of Polish constitutional solutions shows that with current constitutional or international solutions, privacy standards can be developed and refined at the level of subconstitutional acts. The universal way of regulating the right to privacy in the Polish Constitution as in international law enables a better response to the challenges related to contemporary civilizational changes. It leaves a margin of discretion for legislature and state bodies, including courts and tribunals, to ensure the best possible level of protection. In this way, on the basis of constitutional standards, an impassable framework of action of public authorities in the sphere related to spatial information, including the collection and processing of specific data, is determined.
Listing Details
- AuthorMarek Michalski et al.
- AffiliationUniversity Cardinal Stefan Wyszyński in Warsaw
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