V.Vrecion (Tomas Bata Univ., Prague Univ.)

To Privacy, Data Protection in the Czech Republic(Reality, Problems,Teaching)

Motto:Volenti non fit inuria

(An injustice is not doing to whom who is not defending).Vigilantibus iura skripta sunt( The law is written for vigilant)

Roman Law, Ulpianus

• Principles of the Legal State:

• The state bodies can do only what it is them explicitly alowed by

• law

• The citizen can do everything what it is not him explicitly prohibited by law.

• Plan of the presentation:

• I. Legal Regulation

• II. Its Implementation, Law Enforcement

• III. Problems, Open Questions

• IV. Teaching - Lefis Tunning

AD I) Legal Regulation

Bill of RightsConstitutionCivil Codex (general provisions: § 11-15, with good comments, jurisdiction)…

Act 101/2000 About Protection of Personal Data 342/2006 Amandaments of the Acts: About Evidence of Inhabitants….

health, publications, police, secret services…

… a lot of special ministerial regulations…-----------------------------------------------------------------------------Generally: - on the first sight good, comparable but: weeknesses: - too general, vague ( e.g. tapping, monitoring) - too technical - (discrepance : democracy x expertise, speciality) - bad international conditions- (”battle against terrorism”)

• AD II) Implementation, Law Enforcement

• Guarantees by:• • A) - political system • B) - state administration ,( Ministry,Commission for Information • Security, Bureau of Personal Data Protection …)

• C) - courts• D) - civic cociety• E) - technology, techniques

•

• Ad III) Problems• • Ad A) ( “our Water Gate” ?), role of parliament

• commissions ?

• Ad B) ministry ( corruption, dissolved)

• Ad C) week knowledge of judges ( much depend on experts )

• Ad D) main protective instrument - but still week civic associations

• Ad E) skilled hackers (or any user) can do everything

• Open Questions :• • 1) Have we efficient defence?

• 2) Big Brother is coming ( or he is already here) ?

• 3) Which possibilities ( Rivest`s ..) cryptography has ?• ( its future possible problem: quantum computers]

• Ad IV) Teaching ( of mentioned topics at Univ. of T.Bata ),• LEFIS Tunning Tamplate

• The topics are taught at the Faculty of Management and Economy of the UTB in the framework of the courses:

• In undergraduate, postgraduate study:

• Management I,II, Informatics for Economists, Database and Programming, • Culture of Managerial Communication, Personal Management, Applied Informatics, Trade

Law, Methods of Statistical Analyses, Base of Chosen Legal Branches, Administrative Law, Informatics in the Public Administration, Management of Small and Middle Sized Firms, International Management, International Trade, Electronic Entrepreneurship, Digital Marketing, Protection of Knowledge and Data, Information Management, Managerial Ethics, Information System of Enterprise, Information Systems in the Public Administration

• Workload of mentioned topic: depends on specialization of students, but the topic is• important part of study

• The topic for PhD Study:

• - as a part of obligatory lectures

• - as the topics of some theses and dissertations

• Thematic ( Partial) Tunning Template (according to previous description of subjects)

Key Subjects – Specific Competences Key Generic Competences

1) Legal regulation of privacy-data 1) Basic knowledge about the structure protection = P and DP ( IT aspects) and functionning of the law order

2) Political guarantees of P and DP- 2) Basic knowledge about the structure interstate, international, basic problems and functionning of the state (theory of division of power ..)3) The state guarantees of P and DP and 3) General legal regulation of privacy ( incl. their problems non – IT aspects )

4) Possibilities of civic society at P and DP 4) Fundamental role of civic society in the legal state

5) Basic technical problems of P and DP 5) Structure and functionning of data bases

6) Substance and possib. of cryptography 6) Outline of possibilities of mathematics and logic in data processing

• Example• of further, deeper elaboration of tunning template according to

specialization : administration-management of health care

Key subjects-competences Generic competences

1) Legal regulation of P and DP in 1) Information processing in health care

health care 2) Administration of health care 2) Rights and obligations of patients and medical personell ( as for P and DP) 3] Information networks in health care x 4] Their basic technical problems ( e.g. at oncological depart.]

x x x x