Echilibrul în domeniul drepturilor şi libertăţilor fundamentale ale omului – privire specială asupra protecţiei datelor cu caracter personal

Balance, in general, is a constant that should characterise life as a whole, a life in which the human being occupies an important but not exclusive place, particularly in the current context provided by developments in artificial intelligence. Balance has several aspects. The most important aspect is provided for us by the European Union's own legislation through the complex name it gives to Regulation (EU) 2016/679. Such a name leaves no room for ambiguity about balance, because the regulation, right from the title, speaks, on the one hand, of 'the protection of individuals with regard to the processing of personal data' and, on the other, of 'the free movement of such data'. The balance concerns both the rules laid down for the protection of personal data and the exceptions to these rules which lead to the free movement of such data. Such a balance between rules and exceptions determines, in turn, another necessarily, namely the balance between rights and obligations. The challenges in the field of personal data protection are constantly evolving and require the active and effective involvement of all participants in legal relations, precisely in order to achieve an appropriate balance, which is specific to a democratic society under the rule of law.