New Age of Personal Data Protection

Abstract

The intensive technological development and globalization are giving rise to new challenges in the protection of personal data. The internet is overflowing with information and at any moment there is a latent risk of possible misuse through particular websites, social networks, or platforms. It should be emphasized, first of all, that the right to protection of personal data in Serbia is guaranteed by the Constitution (which also indicates the importance of protecting this right) where Article 42 stipulates that collecting, holding, processing, and using of personal data are governed by law. The use of personal data outside the purpose for which they were collected in accordance with the law, except to conduct criminal proceedings or protect the security of the Republic of Serbia in the manner prescribed by law, is also prohibited. As a consequence of the process of accession of the Republic of Serbia to the European Union, the harmonization of legislation and the direct application of EU laws, but also because of the shortcomings of the old legal solution, Serbia adopted a new Law on Personal Data Protection at the end of 2018, with a delayed application period of nine months. This paper presents the new Law on Personal Data Protection, explains the basic concepts (personal data, types of data, controller, processor, data processing, data protection, data transfer, commissioner, data protection officer) and certain novelty elements brought by the Law on Personal Data Protection.