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Zuzana Kurucova ¹

Affiliations
1 Institute of Theory and History of state and socio-science disciplines

Abstract

Information that were obtained legally using information and technical means and means of operative-search activities have the nature of evidence in criminal proceedings. The nature of evidence is granted directly to this information, not to the media where they are recorded. In the case of legal use, this information has the nature of evidence in the criminal case, but the provisions of Criminal Procedure Code in the Slovak Republic contribute significantly to the detection and proving of serious criminal offences, because such information can be indirectly used also in other criminal case. Problematic is the fact that the Supreme Court of the Slovak Republic adopted differing positions precisely on these options of the use of evidence in other criminal case, this dispute was also joined by the Prosecutor's office and this application problem has not been resolved even by the unifying opinion at the level of the Supreme Court of the Slovak Republic. There is therefore still an open question from the point of argumentation and application, what evidence can be used also in other criminal cases or under what conditions.

Keywords

Information, Evidence, Con-Current Conduction of Criminal Prosecution, Application Practice.

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Zuzana Kurucova ¹, Marcela Tittlova ²

Affiliations
1 Institute of Theory and History of State and Social-Science disciplines
2 Institute of Public law

Abstract

The submitted article devotes to the protection of personal data, the protection of personal rights in connection to the use of monitoring devices – camera systems. It analyses legal regulation valid and effective up to 25.5.2018, namely the selected parts, which are assessed in view of suitability and sufficient protection of personal data of data subjects. Several of its parts are subject to scrutiny. Subsequently, the attention is given to the legal regulation effective from 25.5.2018, which is a response to the adoption of a Regulation of the European Parliament and of the Council 2016/679 of 27 April 2016 on protection of personal data of natural persons. Even though the original regulation is subjected to a relatively strong criticism, this new regulation does not contain even those guarantees, which are contained by the still effective act. Within this context, the conclusion contains the formulated specific recommendations and proposals to a significantly more effective protection of personal data of data subjects with regard to the used monitoring devices – camera systems.

Keywords

Monitoring Devices, Options For Monitoring Of Publicly Inaccessible Spaces, Options of Using the Information Obtained.

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