Ett nytt regelverk för behandling av personuppgifter - Särskilt om GDPR och behandling av personuppgifter i anställningsförhållanden

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: On the 25th of May 2018 the new data protection regulation will take effect. The purpose of GDPR is to protect people’s personal data. GDPR will replace the current data protection directive, which in the Swedish judicial system has been implemented through PUL. GDPR more closely reflects on the digitalised world we live in today. A great hope with GDPR is that the current differences in the level of protection of the processing of personal data between the EU Member states will decrease. The purpose of the essay is to describe GDPR and the upcoming regulations regarding how it will be incorporated in the Swedish labour legislation and to investigate what kind of protection there is for personal integrity within the working life, concerning the processing of personal data. The essay enlightens the news and differences that GDPR will bring. The essay also brings up and analyses the possible difficulties and consequences that the incorporation of GDPR could entail. Big news for the Swedish legislation will be that the so-called rule of abuse in PUL will disappear. This will mean that people responsible for the processing of personal data will have to adjust to far more regulations than before. The essay states that GDPR will give a registered person a wider access to his or hers personal data than before. This could however involve various administrative difficulties. The essay further states that the protection that could be found in individual work places regarding processing of personal data will strengthen after the incorporation of GDPR. GDPR entails some news, for example the right to data portability and the execution of the data protection impact assessment, as well as privacy by design, which most likely will lead to an increased thoughtfulness. The above, along with the fact that it will be expensive to break the rules in GDPR due to the new regulations on sanction, results in an enhanced protection regarding the processing of personal data, which hopefully will lead to a decrease in perfunctory processing.

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