The Nature of Civil Liability of the Controller and the Processor for the Violation of the Right to Information Privacy

Abstract

The research addresses the legal framework of civil liability of the controller and the processor in cases of violation of individuals’ informational privacy. It analyzes the general rules of civil liability and compares them with the legal provisions contained in personal data protection laws. The study reveals that the European legislator has adopted a conditional liability system, whereby the controller’s liability is established in specific circumstances and under particular conditions. Moreover, the data subject is granted the right to claim compensation for any material or non-material damages resulting from an infringement of his or her personal data. The research further concludes that personal data protection laws have clearly defined the obligations of both the controller and the processor, and that any breach of these obligations gives rise to liability and entitles the injured party to compensation. Additionally, these laws impose certain penal sanctions, such as imprisonment and fines, on both the controller and the processor in cases of non-compliance with their legal obligations.