Page 1

THE TERMS "FUNDAMENTAL RIGHTS AND FREEDOMS" TERMS "RIGHTS AND FREEDOMS"
- AND HOW TO IDENTIFY THEM
Articles of the Regulation related to the rights and freedoms of natural persons:
Art. 1 par. Regulations "This Regulation protects the fundamental rights and freedoms of natural
in particular their right to the protection of personal data. "
Article 6 1 letter f) Regulations “(...) processing is necessary for the purposes of legitimate interests,
monitored by the operator or a third party, except where such
interests outweigh the interests or the fundamental rights and freedoms of the person concerned which they require
protection of personal data, in particular if the data subject is a child. "
Article 24 1 of the Regulation “In view of the nature, scope, context and purposes of the processing, as well as
risks of varying probability and severity for the rights and freedoms of individuals
the operator shall take appropriate technical and organizational measures to ensure and be able to
demonstrate that processing is carried out in accordance with this Regulation. Those measures shall, in accordance with
review and update as necessary. "
Article 32 Regulations “The operator and the intermediary shall adopt, taking into account the latest
knowledge, the cost of implementing the measures and the nature, scope, context and purposes of the processing, and
to risks of varying probability and severity for the rights and freedoms of natural persons,
appropriate technical and organizational measures to ensure an adequate level of security
this risk, which measures may include ... "

1

Throughout the text of the Regulation, rights and freedoms are mentioned through two
different expressions:
- Fundamental rights and freedoms
- Rights and freedoms.
Question 1:
These are all fundamental rights and freedoms required and specified in the regulations, the same as in the Charter
fundamental rights and freedoms of the European Union?
List of all identified rights and freedoms mentioned (directly or indirectly) in the articles
The charters are listed in Annex 1.
Question 2:
In the text of the Regulation, only the term "rights and freedoms" is mentioned somewhere and not the term "fundamental rights"
and freedom ". What is the reason for such a lexical difference in the text of the Regulation?
We see this difference very clearly, in particular:
- An assessment of the risks of varying probabilities and severities for rights and freedoms is required
natural persons.
- We must first identify all rights and freedoms.
- We will then select a subset of the identified rights and freedoms that are relevant
for processing and the natural person.
- Only then can we do some evaluation.
Question 3:

Page 2

If we do a risk assessment only for all relevant fundamental rights and freedoms, but not for all
rights and freedoms, should we comply with the Regulation (especially in the event of a possible litigation)?
Annex 2 provides an example for an impact assessment.

2

Page 3

Annex 1 - List of rights and freedoms in the Charter
Note: We understand the prohibitions explicitly stated in the text of the Charter as the implicit right to protect against the subject of the prohibition
(for example, the "prohibition of torture" provides for a "right to protection from torture").
LIST OF RIGHTS AND FREEDOMS SEMANTICALLY
No.
IDENTIFIED IN THE CHARTER OF FUNDAMENTAL RIGHTS
AND FREEDOM OF THE EU
1 The right to the protection of human integrity

CATEGORIES
PROTECTED
PERSONS / GROUPS
Every

AREA
TITLE / ARTICLE / PARAGRAPH
PROTECTION
Title I, Article 1

Dignity

2 The right to respect for human dignity

Title I, Article 1

Dignity

Every

3 The right to the protection of human dignity

Title I, Article 1

Dignity

Every

4 Right to life

Title I, Article 2, paragraph 1

Dignity

Every

5 Right to protection from the death penalty

Title I, Article 2, paragraph 2

Dignity

Every

6 Right to protection against execution

Title I, Article 2, paragraph 2

Dignity

Every

7 Right to respect for bodily integrity

Title I, Article 3, paragraph 1

Dignity

Every

8 Right to respect for intellectual integrity

Title I, Article 3, paragraph 1

Dignity

Every

Dignity

Every

Dignity

Every

Dignity

Every

Dignity

Every

Dignity

Every

Title I, Article 4

Dignity

Every

Title I, Article 4

Dignity

Every

9

The right to be informed in the application of the informed
consent (especially in the field of medicine and biology)

10 The right to protection against eugenic practices
The right to the protection of the human body and its parts as such
making a profit
The right to the protection of human reproductive cloning
12
beings
13 Right to protection from torture
11

Title I, Article 3, paragraph 2 /
(a)
Title I, Article 3, paragraph 2 /
(b)
Title I, Article 3, paragraph 2 /
(c)
Title I, Article 3, paragraph 2 /
(d)
Title I, Article 4

Right to protection against inhuman treatment or
punishment
Right to protection against degrading treatment or
15
punishment
16 The right to protection from slavery

Title I, Article 5, paragraph 1

Dignity

Every

17 Right to protection against slavery

Title I, Article 5, paragraph 1

Dignity

Every

18 The right to protection against forced labor

Title I, Article 5, paragraph 2

Dignity

Every

19 Right to protection against compulsory labor

Title I, Article 5, paragraph 2

Dignity

Every

20 The right to protection against trafficking in human beings

Title I, Article 5, paragraph 3

Dignity

Every

14

3

Page 4

21 Right to personal liberty

Title II, Article 6

Freedom

Every

22 Right to personal security

Title II, Article 6

Freedom

Every

23 Right to respect for private life

Title II, Article 7

Freedom

Every

24 The right to respect for family life

Title II, Article 7

Freedom

Every

25 Right to respect for the dwelling

Title II, Article 7

Freedom

Every

26 Right to respect for (private) communication

Title II, Article 7

Freedom

Every

Title II, Article 8, paragraph 1

Freedom

Every

Title II, Article 8, paragraph 2

Freedom

Every

Title II, Article 8, paragraph 2

Freedom

Every

Title II, Article 8, paragraph 3

Freedom

Every

27 Right to protection of personal data
28
29
30

Right of access to personal data collected
about the person concerned
The right to rectify the personal data collected
about the person concerned
The right to request an independent review of the protection of personal data
data

31 The right to marry

Title II, Article 9

Freedom

32 The right to start a family

Title II, Article 9

Freedom

Each (in accordance with
national
legislation,
governing performance
such a right)
Each (in accordance with
national
legislation,
governing performance
such a right)

33 Right to freedom of thought

Title II, Article 10, paragraph 1

Freedom

Every

34 Right to freedom of conscience

Title II, Article 10, paragraph 1

Freedom

Every

35 The right to freedom of religion

Title II, Article 10, paragraph 1

Freedom

Every

4

Each (in accordance with
national
legislation,
governing performance
such a right)

36 Right to conscientious objection

Title II, Article 10, paragraph 2

Freedom

37 Right to freedom of expression

Title II, Article 11, paragraph 1

Freedom

Every

38 The right to freedom of the media

Title II, Article 11, paragraph 2

Freedom

Every

39 The right to media pluralism

Title II, Article 11, paragraph 2

Freedom

Every

40 The right to assemble peacefully

Title II, Article 12, paragraph 1

Freedom

Every

41 The right to associate with others at all levels

Title II, Article 12, paragraph 1

Freedom

Every

42 Right to freedom of association in trade union matters

Title II, Article 12, paragraph 1

Freedom

Every

43 Right to freedom of association in civil matters

Title II, Article 12, paragraph 1

Freedom

Every

44 The right to form and join trade unions

Title II, Article 12, paragraph 1

Freedom

Every

Page 5

45 The right to freedom of the arts

Title II, Article 13

Freedom

Every

46 The right to freedom of scientific research

Title II, Article 13

Freedom

Every

47 The right to academic freedom

Title II, Article 13

Each (involved in
academic
environment)

Freedom

48 The right to education

Title II, Article 14, paragraph 1

Freedom

Every

49 Right of access to vocational and continuing training

Title II, Article 14, paragraph 1

Freedom

Every

50 The right to free compulsory schooling

Title II, Article 14, paragraph 2

Freedom

Every

51 The right to establish educational institutions

52

Title II, Article 14, paragraph 3

Freedom

The right of parents to ensure the education and upbringing of their children in
in accordance with their religious, philosophical and pedagogical
Title II, Article 14, paragraph 3
conviction

Freedom

Each (in accordance with
national
legislation,
governing performance
such a right)
Parents (in accordance with
national
legislation,
governing performance
such a right)
Every

53 Right to work

Title II, Article 15, paragraph 1

Freedom

54 The right to choose a profession freely

Title II, Article 15, paragraph 1

Freedom

Every

55 The right to pursue a freely chosen or accepted profession

Title II, Article 15, paragraph 1

Freedom

Every

Title II, Article 15, paragraph 2

Freedom

Citizens of the Union

Title II, Article 15, paragraph 2

Freedom

Citizens of the Union

Title II, Article 15, paragraph 2

Freedom

Citizens of the Union

Title II, Article 15, paragraph 2

Freedom

Citizens of the Union

56

The right of every citizen of the Union to seek employment freely,
in any Member State

5

Page 6

57
58
59
60

The right of every citizen of the Union to work in any
Member State
The right of every citizen of the Union to settle freely in any
Member State
The right of every citizen of the Union to provide services freely in
any Member State
Third-country nationals have the same right
working conditions as citizens of the Union

Title II, Article 15, paragraph 3

61 Right to freedom of establishment

Freedom

Title II, Article 16

Freedom

Third - country nationals
countries with the relevant
permission
Each (in accordance with
Community law and
national
laws governing
exercise of such a right)
Every

62 The right to own one's rightfully acquired property

Title II, Article 17, paragraph 1

Freedom

63 The right to use your legitimately acquired property

Title II, Article 17, paragraph 1

Freedom

Every

Title II, Article 17, paragraph 1

Freedom

Every

Title II, Article 17, paragraph 1

Freedom

Every

64

The right to dispose of your rightfully acquired
property

65 The right to bequeath legally acquired property to someone

66 Right to protection against arbitrary deprivation of property

Title II, Article 17, paragraph 1

Freedom

The right to fair compensation for loss of property, if any
permitted by law

Title II, Article 17, paragraph 1

Freedom

Title II, Article 17, paragraph 2

Freedom

67

68 Intellectual property rights
69

The right to asylum under the Geneva Convention and in accordance with
Treaty on European Union and the Treaty on the Functioning
European Union

Title II, Article 18

6

Each (in accordance with
national
legislation,
governing performance
such a right)
Each (in accordance with
national
legislation,
governing performance
such a right)
Every

Freedom

Asylum seekers

Page 7

70 Right to protection against expulsion
Right to protection against eviction, expulsion or
71 landing in a country where there is a potential for serious risk to
could face the death penalty
Right to protection against eviction, expulsion or
72 landing in a country where there is a potential for serious risk
torture

Title II, Article 19, paragraph 1

Freedom

Every

Title II, Article 19, paragraph 2

Freedom

Every

Title II, Article 19, paragraph 2

Freedom

Every

73

Right to protection against eviction, expulsion or
landing in a country where there is a potential for serious risk
inhuman treatment or punishment

Title II, Article 19, paragraph 2

Freedom

Every

74

Right to protection against eviction, expulsion or
landing in a country where there is a potential for serious risk
degrading treatment or punishment

Title II, Article 19, paragraph 2

Freedom

Every

75 The right to equality before the law

Title III, Article 20

Equality

Every

76 Right to protection against discrimination

Title III, Article 21, paragraph 1

Equality

Every

77 Right to protection against discrimination on grounds of nationality

Title III, Article 21, paragraph 2

Equality

Every

Title III, Article 22

Equality

Every

Title III, Article 22

Equality

Every

80 The right to respect for linguistic diversity

Title III, Article 22

Equality

Every

81 Rights to protection against inequality between men and women

Title III, Article 23

Equality

Every

Title III, Article 23

Equality

78
79

82

The right to protection against discrimination on cultural grounds
differences
The right to protection against discrimination on religious grounds
differences

The right of the under - represented sex to retain or
receiving specific benefits

7

Members less
represented sex

83 The right of children to protection

Title III, Article 24, paragraph 1

Equality

Children

84 The right of children to care

Title III, Article 24, paragraph 1

Equality

Children

85 The right of children to express their views freely

Title III, Article 24, paragraph 1

Equality

Children

Title III, Article 24, paragraph 3

Equality

Children

Title III, Article 24, paragraph 3

Equality

Children

Title III, Article 25

Equality

Elderly people

90 The right of the elderly to live independently

Title III, Article 25

Equality

Elderly people

91 The right of the elderly to participate in society

Title III, Article 25

Equality

Elderly people

92 The right of the elderly to participate in cultural life

Title III, Article 25

Equality

Elderly people

Title III, Article 26

Equality

Title III, Article 26

Equality

Title III, Article 26

Equality

Persons with health
disability

Title III, Article 26

Equality

Persons with health
disability

Title IV, Article 27

Solidarity

98 Right to bargain collectively

Title IV, Article 28

Solidarity

99 The right to take collective action

Title IV, Article 28

Solidarity

Title IV, Article 28

Solidarity

Title IV, Article 29

Solidarity

Every

Title IV, Article 30

Solidarity

Workers

Page 8

Every child has the right to regular personal maintenance
relationships with both of their parents
Every child has the right to regular maintenance of direct
88
contacts with both their parents
89 The right of the elderly to a dignified life
87

93
94
95

96
97

100

The right of persons with disabilities to benefit from measures
which are designed to ensure their independence
The right of persons with disabilities to benefit from measures
which are designed to ensure their social integration
The right of persons with disabilities to benefit from measures
which are designed to ensure their integration into employment
The right of persons with disabilities to benefit from measures
which are intended to ensure participation in society
life
The right of workers or their representatives to information and
consultation within the company

The right to take collective action (including strike action)
defense of relevant interests

101 Right of access to employment services

Persons with health
disability
Persons with health
disability

8

Workers and their
representatives
Workers,
employers
and relevant organizations
Workers,
employers
and relevant organizations
Workers,
employers
and relevant organizations

102

The right of workers to protection in the event of unjustified
dismissal

103

The right of workers to a fair and just working order
conditions

Title IV, Article 31, paragraph 1 Solidarity

Workers

104

The right of workers to set a maximum length
working time

Title IV, Article 31, paragraph 2 Solidarity

Workers

105 Workers' right to daily and weekly rest

Title IV, Article 31, paragraph 2 Solidarity

Workers

106 Employees' right to paid annual leave

Title IV, Article 31, paragraph 2 Solidarity

Workers

Page 9

107 The right to the protection of children from child labor
The right of minors recruited to employment
108
working conditions
The right of minors recruited to protection against
109
economic exploitation
The right of minors recruited to protection against
work which could endanger their safety, health or
110
physical, mental, moral or social development, or
endanger their education
111 The family's right to legal, economic and social protection
112
113
114

115

116
117

Right to protection against dismissal for
associated with motherhood
The right to paid maternity or parental leave
birth leave
The right to paid maternity or parental leave
adoption leave
The right to social security benefits and social services,
providing protection in the event of maternity,
illness, accidents at work, addiction or old age,
as well as in the event of loss of employment
Right to social security benefits and social benefits
for all who are staying and legally moving within
European Union
The right to social assistance for all those who lack it
sufficient resources

Title IV, Article 32

Solidarity

Title IV, Article 32

Solidarity

Title IV, Article 32

Solidarity

Title IV, Article 32

Solidarity

Children
Adolescents admitted to
employment
Adolescents admitted to
employment
Adolescents admitted to
employment

Title IV, Article 33, paragraph 1 Solidarity

The family

Title IV, Article 33, paragraph 2 Solidarity

Every

Title IV, Article 33, paragraph 2 Solidarity

Every

Title IV, Article 33, paragraph 2 Solidarity

Every

9

Each (in accordance with
national
legislation,
governing performance
such a right)
Everyone resides
and legally moves in
within the EU
Everyone is missing
sufficient resources

Title IV, Article 34, paragraph 1 Solidarity

Title IV, Article 34, paragraph 2 Solidarity
Title IV, Article 34, paragraph 3 Solidarity

Page 10

118

The right to housing assistance for those who have a shortage
resources

Everyone is missing
sufficient resources

Title IV, Article 34, paragraph 3 Solidarity

119 Right of access to preventive health care

Title IV, Article 35

Solidarity

Every

120 The right to receive medical care

Title IV, Article 35

Solidarity

Every

121 The right to a high level of human health protection

Title IV, Article 35

Solidarity

Every

122

Right of access to services of general economic interest
of interest

Each (in accordance with
national
legislation,
governing performance
such a right)

Title IV, Article 36

Solidarity

123 The right to a high level of environmental protection

Title IV, Article 37

Solidarity

Every

124 The right to improve the quality of the environment

Title IV, Article 37

Solidarity

Every

125 The right to a high level of consumer protection

Title IV, Article 38

Solidarity

126

127

128

129

130

131

The right to vote in elections to the European Parliament in
in the Member State in which he resides, under the same conditions
conditions as nationals of that State
The right to be elected in elections to the European Parliament in
in the Member State in which he resides, under the same conditions
conditions as nationals of that State
The right to be elected in elections to local government bodies in
in the Member State in which he resides, under the same conditions
conditions as nationals of that State
The right to be elected in elections to local government bodies in
in the Member State in which he resides, under the same conditions
conditions as nationals of that State
The right to the institutions, bodies, offices and agencies of the Union
handle his affairs impartially, fairly, and
reasonable time
The right of everyone to be heard before taking any
individual measure which could adversely affect him
touch

Everyone in charge
consumer

Title V, Article 39, paragraph 1

Citizenship

EU citizens

Title V, Article 39, paragraph 1

Citizenship

EU citizens

Title V, Article 40

Citizenship

EU citizens

Title V, Article 40

Citizenship

EU citizens

Title V, Article 41, paragraph 1

Citizenship

Every

Title V, Article 41, paragraph 2 /
(a)

Citizenship

Every

Title V, Article 41, paragraph 2 /
(b)

Citizenship

Every

Title V, Article 41, paragraph 2 /
(c)

Citizenship

Every

10

Page 11

132

Everyone 's right of access to the file concerning him or her
provided that legitimate interests are respected
confidentiality and professional and business secrecy

133 Right to state reasons for administrative decisions

The right to compensation for damage caused by the institutions or
employees of the Union in the performance of their duties

Title V, Article 41, paragraph 3

Citizenship

135 Right to address the institutions of the Union in one of the languages

Title V, Article 41, paragraph 4

Citizenship

134

136

Right of access to documents of the institutions, bodies, offices and agencies
Union agencies

Title V, Article 42

Citizenship

137 Right to notify the European Ombudsman

Title V, Article 43

Citizenship

138 Right to petition the European Parliament

Title V, Article 44

Citizenship

Everyone to whom she was
damage caused
institutions or
employees of the Union
Every
Every EU citizen, every
natural or legal
person who has
residence or registered office in
Member State
Every EU citizen, every
natural or legal
person who has
residence or registered office in
Member State
Every EU citizen, every
natural or legal
person who has
residence or registered office in
Member State

139 Right to move freely within the territory of the Member States

Title V, Article 45, paragraph 1

Citizenship

EU citizens

140 Right of free residence in the territory of the Member States

Title V, Article 45, paragraph 1

Citizenship

EU citizens

Citizenship

Third - country nationals
eligible countries
residence in the territory
Member State

141

The right of third - country nationals to be entitled
reside freely within the territory of a Member State
and reside in the territory of a Member State

Title V, Article 45, paragraph 2

11

Page 12

142 Right to protection by diplomatic authorities

Title V, Article 46

Citizenship

EU citizens

143 Right to protection by consular authorities

Title V, Article 46

Citizenship

EU citizens

144 The right to an effective remedy before a court

Anyone whose rights and
freedoms guaranteed
Union law
broken

Title VI, Article 47

Justice

Title VI, Article 47

Justice

Every

146 Right to legal advice during the proceedings

Title VI, Article 47

Justice

Every

147 Rights of the defense during the proceedings

Title VI, Article 47

Justice

Every

148 Right to legal representation during the proceedings

Title VI, Article 47

Justice

Every

145

149

The right to have his affair fair, public and
within a reasonable time by an independent and impartial party
court established by law

The right to legal aid for people who do not have enough
funds if this assistance is needed for
ensuring effective access to justice

Title VI, Article 47

Everyone doesn't
sufficient resources

Justice

150 Right to the presumption of innocence

Title VI, Article 48, paragraph 1 Justice Everyone charged

151 Everyone who has been charged has a guaranteed right to a fair trial

Title VI, Article 48, paragraph 2 Justice Everyone charged

152

Everyone 's right to protection against being guilty of
any criminal offense which, at the time it was committed,
was not a crime

Title VI, Article 49, paragraph 1 Justice

Every

153

The right of everyone to be protected from a more severe punishment than
the one that was applicable at the time the offense was committed

Title VI, Article 49, paragraph 1 Justice

Every

154

Everyone's right to protection against imposition of disproportionate
penalties

Title VI, Article 49, paragraph 3 Justice

Every

155

The right not to be prosecuted or punished in criminal proceedings
twice for the same offense

Title VI, Article 50

Justice

Every

156

The right not to be prosecuted or punished in criminal proceedings for
an offense for which he has already been acquitted or convicted
final judgment

Title VI, Article 50

Justice

Every

12

Page 13

13

Page 14

Annex 2 - Example of an Impact Assessment for the National eHealth System
The impact assessment for rights and freedoms set out in the Charter is very important for assessing the level
risks in the national eHealth system in which data are collected on
health for the whole population.
The impact assessment covers scenarios such as massive data loss or massive disruption
confidentiality, integrity, availability of genetic data, biometric data and data relating to
health - these data are in the national eHealth system. Evaluation
performed against the entire population. Any violation of a fundamental right or freedom has a major impact
to the individual concerned.
The risk to the right to liberty is a combination of influence and the likelihood of the threat being realized. In below
The table below shows the impact assessment. The likelihood of threats depends
from the level of security countermeasures. If we have a strong pseudonymization in the system (it is not
no possibility for the administrator to combine personal identification and health data),
the likelihood of a huge breach of confidentiality is very low.
VIP data
Personal data relating to health with serious effects in the event of loss of integrity or confidentiality some diagnoses and related documentation; classification according to ICD-10.
Examples:
A00-B99
Some infectious and parasitic diseases
Example: A51.1 - Primary anal syphilis
Assume that due to a breach of integrity, the diagnosis is A41.1 "Sepsis is caused by another
specified staphylococcus "is changed to A51.1 and then this information is related to some
VIPs posted in some tabloids. The whole life of the person concerned can be completely destroyed.

14

F00-F99
Mental and behavioral disorders
Example: F23.0 - Acute polymorphic psychotic disorder without symptoms of schizophrenia
Assume that this information is after the general publication of the data in the bulletin.
The whole life of the person concerned can be significantly disrupted.

No.

The law

Title / Article /
paragraph

1

The right to the protection of human integrity

Title I, Article 1

2

The right to respect for human dignity

Title I, Article 1

3

The right to the protection of human dignity

4

Right to live

5

The right to protection from the death penalty

6

Right to protection against execution

7

The right to respect for physical integrity

Title I, Article 1
Title I, Article 2
paragraph 1
Title I, Article 2
paragraph 2
Title I, Article 2
paragraph 2
Title I, Article 3
paragraph 1

8

The right to respect for intellectual integrity

Title I, Article 3
paragraph 1

9

The right to be informed in the application of the informed
consent (especially in the field of medicine and biology)

Title I, Article 3
paragraph 2 / (a)

Height
peace
impact
High
High
She had

Page 15

10 The right to protection against eugenic practices
11
12

The right to the protection of the human body and its parts as such
to make a profit
The right to the protection of human reproductive cloning
beings

13 Right to protection from torture
14
15

The right to protection against inhuman treatment
or punishment
Right to protection against degrading treatment
or punishment

16 The right to protection from slavery
17 Right to protection against slavery

Title I, Article 3
paragraph 2 / (b)
Title I, Article 3
paragraph 2 / (c)
Title I, Article 3
paragraph 2 / (d)

High

She had

-

Title I, Article 4

-

Title I, Article 4

-

Title I, Article 4

-

Title I, Article 5
paragraph 1
Title I, Article 5
paragraph 1
Title I, Article 5

-

15

18 The right to protection against forced labor

-

The right to protection against trafficking in human beings
beings
21 Right to personal liberty

paragraph 2
Title I, Article 5
paragraph 2
Title I, Article 5
paragraph 3
Title II, Article 6

Medium

22 Right to personal security

Title II, Article 6

Medium

23 Right to respect for private life

Title II, Article 7

High

24 The right to respect for family life

Title II, Article 7

High

25 Right to respect for the dwelling

Title II, Article 7

-

19 Right to protection against compulsory labor
20

26 Right to respect for (private) communication

Title II, Article 7
Title II, Article 8
27 Right to protection of personal data
paragraph 1
Right of access to personal data collected
Title II, Article 8
28
about the person concerned
paragraph 2
The right to rectify the personal data collected
Title II, Article 8
29
about the person concerned
paragraph 2
The right to request an independent review of the protection of personal data
Title II, Article 8
30
data
paragraph 3

She had

High
High
Medium
She had
She had

31 The right to marry

Title II, Article 9

-

32 The right to start a family

Title II, Article 9

-

Title II, Article 10
paragraph 1
Title II, Article 10
paragraph 1

-

33 Right to freedom of thought
34 Right to freedom of conscience

-

Page 16

35 The right to freedom of religion
36 Right to conscientious objection
37 Right to freedom of expression
38 The right to freedom of the media
39 The right to media pluralism
40 The right to assemble peacefully
41 The right to associate with others at all levels
42 Right to freedom of association in trade union matters
43 Right to freedom of association in civil matters
44 The right to form and join trade unions

Title II, Article 10
paragraph 1
Title II, Article 10
paragraph 2
Title II, Article 11
paragraph 1
Title II, Article 11
paragraph 2
Title II, Article 11
paragraph 2
Title II, Article 12
paragraph 1
Title II, Article 12
paragraph 1
Title II, Article 12
paragraph 1
Title II, Article 12
paragraph 1
Title II, Article 12
paragraph 1

She had

She had

-

45 The right to freedom of the arts

Title II, Article 13

-

46 The right to freedom of scientific research

Title II, Article 13

47 The right to academic freedom

Title II, Article 13

She had

48 The right to education
49 Right of access to vocational and continuing training
50 The right to free compulsory schooling
51 The right to establish educational institutions
52

The right of parents to provide their education and upbringing
children in accordance with their religious, philosophical and
pedagogical beliefs

Title II, Article 14
paragraph 1
Title II, Article 14
paragraph 1
Title II, Article 14
paragraph 2
Title II, Article 14
paragraph 3
Title II, Article 14
paragraph 3

She had
She had

The right to exercise freely elected or accepted
occupation
The right of every citizen of the Union to seek freedom
employment, in any Member State
The right of every citizen of the Union to work in any
Member State
The right of every citizen of the Union to settle freely in
any Member State

Title II, Article 15,
paragraph 1
Title II, Article 15,
paragraph 1
Title II, Article 15,
paragraph 1
Title II, Article 15,
paragraph 2
Title II, Article 15,
paragraph 2
Title II, Article 15,
paragraph 2

59

The right of every citizen of the Union to provide freely
services in any Member State

Title II, Article 15,
paragraph 2

-

60

Third-country nationals have the same right
working conditions as citizens of the Union

Title II, Article 15,
paragraph 3

-

53 Right to work
54 The right to choose a profession freely
55
56
57
58

16

She had

-

Page 17

61 Right to freedom of establishment

Title II, Article 16
Title II, Article 17
62 The right to own one's rightfully acquired property
paragraph 1
Title II, Article 17
63 The right to use your legitimately acquired property
paragraph 1
The right to dispose of your rightfully acquired
Title II, Article 17
64
property
paragraph 1
Title II, Article 17
65 The right to bequeath legally acquired property to someone
paragraph 1
Title II, Article 17
66 Right to protection against arbitrary deprivation of property
paragraph 1
The right to fair compensation for loss of property, if
Title II, Article 17
67
this is permitted by law
paragraph 1
Title II, Article 17
68 Intellectual property rights
paragraph 2
The right to asylum under the Geneva Convention and in accordance with
69
Treaty on European Union and the Treaty on the Functioning
Title II, Article 18
European Union
Title II, Article 19,
70 Right to protection against expulsion
paragraph 1
The right to protection against eviction, expulsion
Title II, Article 19,
71
or by landing in a country where there is a possibility
paragraph 2
serious risk in order to be subject to the death penalty
The right to protection against eviction, expulsion
Title II, Article 19,
72
or by landing in a country where there is a possibility
paragraph 2
serious risk of torture

She had
-

-

-

73

The right to protection against eviction, expulsion
or by landing in a country where there is a possibility
serious risk of inhuman treatment or punishment

Title II, Article 19,
paragraph 2

-

74

The right to protection against eviction, expulsion
or by landing in a country where there is a possibility
serious risk of degrading treatment or
punishment

Title II, Article 19,
paragraph 2

-

75 The right to equality before the law
76 Right to protection against discrimination
77
78

The right to protection against discrimination on grounds of
nationality
The right to protection against discrimination on grounds of
cultural diversity

Title III, Article
20
Title III, Article
21, paragraph 1
Title III, Article
21, paragraph 2
Title III, Article
22

17

She had
Medium
-

Page 18

79

The right to protection against discrimination on grounds of
religious diversity

80 The right to respect for linguistic diversity
81
82

Rights to protection against inequality between men
and women
The right of the under - represented sex to retain or
receiving specific benefits

83 The right of children to protection
84 The right of children to care
85 The right of children to express their views freely
87
88

Every child has the right to regular maintenance
personal relationships with both their parents
Every child has the right to regular maintenance
direct contact with both their parents

89 The right of the elderly to a dignified life
90 The right of the elderly to live independently
91 The right of the elderly to participate in society
92 The right of the elderly to participate in cultural life
93

94

95

The right of persons with disabilities to enjoy
measures designed to ensure them
independence
The right of persons with disabilities to enjoy
measures designed to ensure their social
integration
The right of persons with disabilities to enjoy
measures designed to ensure them
integration in employment
The right of persons with disabilities to enjoy
measures designed to ensure participation in
social life
The right of workers or their representatives to information and
consultation within the company

Title III, Article
22
Title III, Article
22
Title III, Article
23
Title III, Article
23
Title III, Article
24, paragraph 1
Title III, Article
24, paragraph 1
Title III, Article
24, paragraph 1
Title III, Article
24, paragraph 3
Title III, Article
24, paragraph 3
Title III, Article
25
Title III, Article
25
Title III, Article
25
Title III, Article
25

She had
She had
Medium
She had

She had
She had
She had
She had

-

Title III, Article
26

-

Title III, Article
26

-

Title III, Article
26

-

Title III, Article
26

She had

Title IV, Article 27

-

98 Right to bargain collectively

Title IV, Article 28

-

99 The right to take collective action
The right to take collective action (including strike action)
100
defense of relevant interests

Title IV, Article 28

-

Title IV, Article 28

-

101 Right of access to employment services

Title IV, Article 29

-

Title IV, Article 30

-

96
97

18

Page 19

102

The right of workers to protection in the event of unjustified
dismissal

103

Workers' right to fair and reasonable
working conditions

Title IV, Article
31, paragraph 1

104

The right of workers to set a maximum level
length of working time

Title IV, Article
31, paragraph 2
Title IV, Article
31, paragraph 2
Title IV, Article
31, paragraph 2

105 Workers' right to daily and weekly rest
106 Employees' right to paid annual leave
107 The right to the protection of children from child labor
The right of minors recruited to employment
working conditions
The right of minors recruited to
109
protection against economic exploitation
The right of minors recruited to
protection against work that could endanger them
110
safety, health or physical, mental, moral
or social development, or jeopardize their education
The family 's right to legal, economic and social
111
protection
Right to protection against dismissal for
112
associated with motherhood
The right to paid maternity or parental leave
113
birth leave
The right to paid maternity or parental leave
114
adoption leave
The right to social security and social benefits
services providing protection in the event of
115
maternity, illness, accidents at work, addiction or
old age, as well as in the event of loss of employment
The right to social security and social benefits
116
benefits for all who stay and legally
move within the European Union
The right to social assistance for all those who lack it
117
sufficient resources
The right to housing assistance for those who have
118
insufficient funds
Right of access to preventive health
119
care
120 The right to receive medical care
108

Title IV, Article 32
Title IV, Article 32
Title IV, Article 32

Title IV, Article 32

She had

-

She had

Title IV, Article
33, paragraph 1
Title IV, Article
33, paragraph 2
Title IV, Article
33, paragraph 2
Title IV, Article
33, paragraph 2

She had

Title IV, Article
34, paragraph 1

She had

Title IV, Article
34, paragraph 2
Title IV, Article
34, paragraph 3
Title IV, Article
34, paragraph 3
Title IV, Article 35

19

-

She had

Title IV, Article 35 Medium

121 The right to a high level of human health protection
Right of access to universal services
122
economic interest
123 Right to a high level of environmental protection Title IV, Article 37

Title IV, Article 35 High

124 The right to improve the quality of the environment

Title IV, Article 37

-

125 The right to a high level of consumer protection

Title IV, Article 38

-

Title V, Article 39
paragraph 1

-

Title IV, Article 36

-

Page 20

126

127

128

129

130

131

132

The right to vote in elections to the European Parliament in
in the Member State in which he resides, for
the same conditions as nationals of that State
The right to be elected in European elections
Parliament in the Member State in which he resides, and
under the same conditions as nationals of it
state
The right to be elected in local elections
municipalities in the Member State in which he resides, for
the same conditions as nationals of that State
The right to be elected in local elections
municipalities in the Member State in which he resides, for
the same conditions as nationals of that State
The right to the institutions, bodies, offices and agencies of the Union
handle his affairs impartially, fairly, and
reasonable time
The right of everyone to be heard before taking any
individual action that could be taken
adversely affect
Everyone 's right of access to the file concerning him or her
provided that legitimate interests are respected
confidentiality and professional and business secrecy

133 Right to state reasons for administrative decisions
134

The right to compensation for damage caused by the institutions or
employees of the Union in the performance of their duties

135 Right to address the institutions of the Union in one of the languages
136

The right of access to documents of the institutions, bodies,
Union offices and agencies

Title V, Article 39
paragraph 1

She had

Title V, Article 40

-

Title V, Article 40

-

Title V, Article 41
paragraph 1

-

Title V, Article 41
paragraph 2 / (a)

-

Title V, Article 41
paragraph 2 / (b)
Title V, Article 41
paragraph 2 / (c)
Title V, Article 41
paragraph 3
Title V, Article 41
paragraph 4

20
-

Title V, Article 42

-

137 Right to notify the European Ombudsman

Title V, Article 43

-

138 Right to petition the European Parliament

Title V, Article 44

-

139 Right to move freely within the territory of the Member States
140 Right of free residence in the territory of the Member States
141

The right of third - country nationals to be entitled
reside freely in the territory of a Member State
move and reside in the territory of a Member State

Title V, Article 45
paragraph 1
Title V, Article 45
paragraph 1
Title V, Article 45
paragraph 2

142 Right to protection by diplomatic bodies Title V, Article 46

She had

-

143 Right to protection by consular authorities

Title V, Article 46

-

144 The right to an effective remedy before a court

Title VI, Article 47

-

Title VI, Article 47

-

146 Right to legal advice during the proceedings

Title VI, Article 47

-

147 Rights of the defense during the proceedings

Title VI, Article 47

-

148 Right to legal representation during the proceedings

Title VI, Article 47

-

The right to legal aid for people who do not have
sufficient resources if this assistance is
necessary to ensure effective access to
justice

Title VI, Article 47

-

Page 21

145

149

The right to a fair trial,
publicly and within a reasonable time by an independent and
an impartial court established by law

150 Right to the presumption of innocence
151 Everyone who has been charged has a guaranteed right to a fair trial

152

153
154

Title VI, Article
48, paragraph 1
Title VI, Article
48, paragraph 2

Everyone 's right to protection against being guilty of
Title VI, Article
any criminal offense which, at the time it was
49, paragraph 1
committed was not a criminal offense
Everyone 's right to protection against a more severe penalty than
Title VI, Article
is the one that was applicable at the time the criminal offense was committed
49, paragraph 1
act
Everyone's right to protection against storage
Title VI, Article
disproportionate penalties
49, paragraph 3

-

-

155

The right not to be prosecuted or punished in criminal
twice for the same offense

Title VI, Article 50

-

156

The right not to be prosecuted or punished in criminal
proceedings for an offense for which he has already been acquitted; or Title VI, Article 50
convicted by a final judgment

-

21

Other examples of the importance of the integrity of personal data in healthcare
Right to live
A pregnant woman is obliged to undergo genetic tests for the fetus. If any is indicated
serious genetic disease, there is a high probability that this woman will opt for an abortion.
We now assume a scenario that the integrity of test results is violated (when labeling severe
genetic diseases) and that she opted for an abortion. Later, however, he received information that in
There was an error in the results, so there was no serious genetic disease of the fetus and abortion
was not needed.
This situation shows a huge impact on the right to protection of life nascitura, private life
women, family life, mental integrity, etc.
The right to respect the physical integrity of a person - threats to the use of personal data that changes
integrity
➢ Hacking a pacemaker or other life support device is real
threat to the physical integrity of the person.
➢ Change of consent to undisturbed procedures in case of cancer.
➢ Change of consent to not give organs for transplantation (including death).

Page 22

A set of human rights based on limited legal capacity
The restriction of human rights is based on the restriction of the legal capacity of a natural person.
A part of the court decision-making process is also the psychiatric evaluation of this natural person.
If the relevant documents have changed the integrity or have been falsified or violated, the person may
lose many legal rights, including the right to vote, the right to own legally acquired property,
the right to use legally acquired property, the right to dispose of legally acquired property,
etc.

22

---

Page 1

THE TERMS "FUNDAMENTAL RIGHTS AND FREEDOMS" TERMS "RIGHTS AND FREEDOMS"
- AND HOW TO IDENTIFY THEM
Question no. 1 we present:
Recital 4 of the Regulation states: “The processing of personal data should be intended to
to serve humanity. The right to personal data protection is not an absolute right; must be considered
in relation to his function in society and must be balanced with other fundamental rights, namely in
in accordance with the principle of proportionality. This Regulation respects and respects all fundamental rights
the freedoms and principles recognized in the Charter as enshrined in the Treaties, in particular respect for
family life, housing and communications, protection of personal data, freedom of thought, conscience and
religion, freedom of expression and the right to information, freedom of establishment, the right to an effective
remedy and to a fair trial, and cultural, religious and linguistic diversity. " On the
under that Regulation it refers to all the fundamental rights and freedoms enshrined in the Charter
fundamental rights of the EU.
Question no. 2 we present:
The reference to "rights and freedoms" in specific provisions, e.g. in Art. 24 (1) Regulations
and 25 (1) of the Regulation, goes beyond the protection of fundamental rights and also refers to other rights
and freedom. This is important in relation to the risk-based approach presented in the recital
75 Regulations.

1

Question no. 3 we present:
Based on the above, compliance with the provisions of the Regulation requires a risk assessment
not only in relation to fundamental rights, but also in relation to all relevant rights
and the freedoms of the natural person.
Please note that questions regarding the interpretation or application of the provisions
The regulations are given a final interpretation by the national court or the Court of Justice of the EU and not by the European Commission.



