O encarregado de proteção de dados e a responsabilidade civil

Abstract

Technological evolution has brought contributory changes with an undeniable simplification of modern life. However, it also exposed us to risks not thought of before. The invasion of privacy with the generation of reputational damage, with economic and social impact, is a reality that we must face. The intensification of the migration of personal data in recent decades has brought the need to regulate the protection of personal data worldwide. However, like any standard, to get closer to its goals, it needs maturation. The Personal Data Protection Regulation - RPDP (Regulation (EU) 2016/679 of the European Parliament and of the Council), a rule that regulates the matter in Portugal, is already a revision of the former revoked rule and did not specifically address the civil liability of the person in charge. protection, figure of importance in the process of security of personal data and that will be the link between those responsible, the control bodies and the data subject in conducting the process of processing personal data of organizations. The gap in the law can lead to interpretations that not only support the weakening of the organizations' internal control policies, but also expose those involved in the data protection chain, central parts of the regulation. The present study intends to contribute with answers to the questions about the civil liability of those responsible and subcontractors, with the necessary impact on the civil liability of the data protection officer, through the analysis of the peculiarities of the legal relationship of those responsible and in charge, of the data protection law. in force and, considering its limits, of the civil liability institute in the legal and doctrinal scope, to reflect and propose measures on the subject. The data protection officer, having his role strengthened and properly regulated, will contribute to the efficiency of the process, greater security of the organization and the data subject, as well as reflections on the free flow of data.

Date of Award	16 Dec 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Ana Afonso (Supervisor)