Law Journal of the National Academy of Internal Affairs

The purpose of the present research was to study the real obstacles for the implementation of national legislation harmonised with the standards of the European Union for the protection of personal rights and to detect problems in its application. The comparative legal method was applied to the implementation of the European Union rules on the protection of personal data and on anti-discrimination in Germany, France and Poland. The inquiry also examined cases pending before the Court of Justice of the European Union and the European Court of Human Rights concerning the right to privacy, the protection of personal data, equality and the right to an effective remedy. The transposition of standardised European Union regulations may occur in different ways, for instance, through decentralised institutional management (Germany), centralised administrative supervision (France), or a combination of administrative, ombudsman, and judicial procedures (Poland). The Google Spain and Schrems II rulings demonstrate that data protection is more than the right to be forgotten, but rather an evaluation of the degree of security of trans-border data transfers. The legal precedents in D.H. and Others, Thlimmenos and Biao show the evolution of strategies for indirect discrimination, unequal treatment and proportionality of constraints, whilst M.S.S. has shown that the formal choice of appeal is not a guarantee of its practical effectiveness. The proposals aim to improve the legislation in the following ways: guaranteeing independence of supervisory authorities guaranteeing voluntary and intelligible agreement to the processing of personal data improving appeal procedures and promoting judicial practices considering not only strict interpretation of laws but their effect on different groups of people