25 May 2022 – Online conversation
International Scientific Conference “Privacy and Law in Modern Era” was held online via ZOOM Meeting on May, 25th 2022. The conference was organized as part of the Central European Professors’ Network, coordinated by the University of Miskolc – Central European Academy” and gathering around thirty participants.
Assoc. Prof. Marta Dragičević Prtenjača, organiser of the conference as dissemination event, held opening ceremony from the University of Zagreb, Faculty of Law. In her speech she pointed out that one of the goals of the conference is to exchange opinions, knowledge, experiences and views on this omnipresent topic. In her introduction to the topic she mentioned the fact that today we expose our privacy to the views of individuals and the public in various places. Sometimes we expose our privacy without even realizing to whom our data are available and maybe sometimes it is better for all not to realize the size of the exposure of our data. The aforementioned dilemmas were discussed during the conference. Assoc. Prof. Dragičević Prtenjača gave a short introduction of the participants and welcome undergraduate and doctoral law students who participated in the conference. She concluded her speech wishing to all participants a pleasant, successful, interesting and fruitful conference and discussion with a main goal to contribute and expand horizons on privacy and law in modern age, contemporary law and life.
After the opening ceremony, Prof. Dr. hab. Marcin Wielec from Cardinal Stefan Wyszyński University in Warsaw, Institute of Justice in Warsaw, gave very interesting presentation on the topic ‘Respecting the Right to Privacy in the Polish Criminal Procedure’. He stated that the right to privacy has its place in Polish criminal proceedings. In his presentation Prof. Dr. hab. Wielec emphasized that there are many guarantees to protect human privacy, despite state interference with freedoms and rights, which is typical of the criminal procedure. Examples of that are art. 220 (search – authorized body, approval), art. 221 (search hours), art. 223 (search of a person), art. 224 (method of conducting the search) of the Polish Code of Criminal Procedure.
Following presentation was ‘Revenge Porn as a Newest Criminal Offence in Croatian Criminal Code’ by Assoc. Prof. Sunčana Roksandić from University of Zagreb, Faculty of Law. Assoc. Prof. Roksandić emphasized the need to modernize criminal law (not just harmonize with the EU acquis). Revenge Porn as a Newest Criminal Offence in Croatian Criminal Code does not advocate ”revenge” but the protection of trust and the existence of consent. The basic form of this criminal offense is sanctioning anyone who abuses a relationship of trust and without the consent of the filmed person makes available to a third party a footage of sexually explicit content recorded with the consent of that person for personal use and thus violates his privacy. In para 2. incriminates anyone who uses a computer system or otherwise creates a new or alters an existing footage of sexually explicit content and uses that footage as a genuine one, thereby violating the privacy of the person on that recording. Qualified offence is prescribed when the perpetrator commits the described criminal offense via a computer system or network and thus makes a footage available to a larger number of persons. She pointed out that if there is no trust and the injured party is not in a relationship of trust with the perpetrator, this criminal offense will not be eligible for prosecution. The protection of trust is also visible in the fact that the lack of consent of the recorded person to make a recording of sexually explicit content available to a third party is also cumulatively required.
Next presentation was held by Prof. Dr. Marc Engelhart from Goethe University, Frankfurt am Main on the topic ‘Privacy and Collection of Data in Criminal Proceedings’. Prof. Dr. Engelhart mentioned in his presentation that the system of information sharing in Europe is built on the exchange in individual cases. It is not clear, if European Law allows the sharing of bulk information going beyond single cases. He stated that there is a need to develop rules for bulk interception different to the rules for targeted interception. He also mentioned a case of Big Brother watch and others v. UK, Judgement of 25 May 2021 in where the European Court of Human Rights said that the bulk interception of information is very critical. However, they did not say it is forbidden in every circumstances, but they said it is very critical.
M.Sc. Bartlomiej Oreziak from Cardinal Stefan Wyszyński University in Warsaw, Institute of Justice in Warsaw presented on the topic ‘Electronic Evidence in Polish Criminal Proceedings- the Context of the Right to Privacy’. M.Sc. Oreziak gave interesting overview of the electronic evidence in Polish criminal proceeding. Electronic evidence can be used in Polish criminal proceedings. However, it is important to take the benefits of this while upholding human rights and freedoms. One of these rights is the right to privacy. In Poland, the protection of privacy when we use electronic evidence is provided by the Act of December 14, 2018 on the protection of personal data processed in connection with the prevention and combating of crime.
First part of the conference initiated very lively discussions among the participants moderated by Assoc. Prof. Dragičević Prtenjača. Prof. Dr. hab. Marcin Wielec based on all presentations concluded that the main importance in our privacy is digitalisation. For example, Polish Criminal Code is not following digitalisation era. Assoc. Prof. Roksandić raised a question concerning misuse or abuse of sexual footage in other countries. Prof. Dr. Engelhart stressed that Germany lack a reform on sexual offences. They do not have a specific criminal offence of revenge porn, but it could be prosecuted under the protection of
privacy. Assoc. Prof. Prtenjača was interested what was the idea of legislator, how to proceed in case of revenge porn shared via Instagram, Facebook and other platforms which have a huge number of users.
After short brake, second part of conference was moderated by Assoc. Prof. Sunčana Roksandić and started with interesting presentation on ‘The Development of Workplace Privacy in Croatia’ by Assistant Lecturer Danijel Javorić Barić from University of Zagreb, Faculty of Law. He presented a development of legislation in Croatia on the topic of workplace privacy. Two main factors have strong influence on right to workplace privacy in Croatia. First are ECHR judgments and international legislation which has been implemented in Croatian legislation. Assoc. Prof. Dragičević Prtenjača asked if our employers have a right to monitor us via our computers (which pages we are visiting) and everyday work. Assistant Lecturer Javorić Barić confirm that legislation still does not have an answer on that. However, employer is not allowed to monitor our everyday life. Assistant Lecturer Javorić Barić opinion is that employer is allowed to monitor date and time in which we sent an email, but not the content of our email.
Following presentation was on the topic ‘(Mis)use of Private Data: Case Study of Facebook’ by Dr. Meta Ahtik, Bank of Slovenia, Prof. Nenad Rančić, University of Zagreb, Faculty of Law and Assoc. Prof. Ozren Pilipović, University of Zagreb, Faculty of Law. Speakers presented a case of Facebook and Cambridge Analytica. Facebook has agreed to pay a 500,000 pound ($644,000) fine for breaches of data protection law related to the harvesting of data by consultancy Cambridge Analytica in UK. USA 2019- The $5bn fine was approved by the FTC in a 3-2 vote which broke along party lines, with Republican commissioners in favour and Democrats opposed. The scandal caused the great breach of trust between users and Facebook. Speakers stated that the clear regulation is needed on the data gathering issues, but we do not need overregulation. Economy needs data (especially micro data)- otherwise business, academics, public sector will be in the fog of war and forecasting tools will be used with less precision.
Next presentation was on the ‘Privacy in a Legal –Historical Perspective’ by Prof. Dr. Zrinka Erent Sunko from University of Zagreb, Faculty of Law. Prof. Dr. Zrinka Erent Sunko stated that the topic of conference was always the hot topic. She also mentioned that in democracy legislator is very important, but the legislator is not possible to react as quick as technology develops. The privacy was first explored by historians, exploring the right on abortion. The question is to which extent the legislator may and must invade privacy in order to ensure peace and maintain order. Prof. Dr. Zrinka Erent Sunko gave a great overview on development of right to privacy. For Prof. Dr. Erent Sunko the main question is is it important to protect the order or privacy?!
Last but not the least presentation was on the topic ‘Privacy Where Did You Hide- Criminal Offence of Unlawful Use of Personal Data in Croatia’ by Assoc. Prof. Marta Dragičević Prtenjača from University of Zagreb, Faculty of Law. She emphasizes that we have to be very careful in giving/leaving our personal data/trace. We are leaving our personal data almost everywhere. Therefore, we are very fragile and most of us are not aware of that. She also stated that our privacy rights can be very easily exploited, violated and misused or even abuse to commit criminal offences . She concluded that yet again the GDPR global impact can make opposite effect so people just make fun of it or don’t read all the privacy policies (updates) they have been bombarded with or just don’t want to care. People are unaware of the danger until it is too late and their privacy right have been violated on the larger scale, then the joke will become
the unwanted reality, even criminal offence. Therefore, we can even become victims of the criminal offences and possibly suspected perpetrators.
The last part of conference was concluded with final remarks. Participants were very satisfied with conference which produced answers to some open questions and gave better overview on the privacy and law in modern era.
Assoc. Prof. Marta Dragičević Prtenjača
