scholarly journals A legal framework for sharing customs intelligence through the single window system

2021 ◽  
Author(s):  
◽  
Bruce Thomas
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Public Confidence ◽  
Seizure Freedom ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Window System ◽  
Intelligence Sharing ◽  
Window Systems ◽  
The Right

<p>Some customs agencies are implementing electronic single window systems. These single window systems enable an importer or exporter to digitally transmit their transaction information to the customs administration. The single window system shares relevant information with other government agencies involved in the import or export process. It relieves the importer or exporter of the need to lodge transaction information separately with each government agency.  An international single window system is the interconnection of two or more national single window systems. It enables the exporter’s transaction information to be re-used in import processing, thereby reducing the amount of information required from importers. For states that already have customs intelligence-sharing agreements, a single window system could be used to exchange intelligence information about the import and export transactions processed by the system. Intelligence-sharing agreements can and should include transparent protection for human rights. The human rights relevant to this legal framework are access to justice, freedom from arbitrary search and seizure, freedom from torture and the right to privacy. The right to privacy is the human right most affected by intelligence-sharing. This thesis proposes a legal framework to enable intelligence to be shared through a single window system with transparent terms for managing human rights. This thesis suggests that public confidence would be improved by showing how privacy and other human rights are treated in the rules for customs intelligence-sharing using the system proposed here.</p>

scholarly journals A legal framework for sharing customs intelligence through the single window system

2021 ◽  
Author(s):  
◽  
Bruce Thomas
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Public Confidence ◽  
Seizure Freedom ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Window System ◽  
Intelligence Sharing ◽  
Window Systems ◽  
The Right

<p>Some customs agencies are implementing electronic single window systems. These single window systems enable an importer or exporter to digitally transmit their transaction information to the customs administration. The single window system shares relevant information with other government agencies involved in the import or export process. It relieves the importer or exporter of the need to lodge transaction information separately with each government agency.  An international single window system is the interconnection of two or more national single window systems. It enables the exporter’s transaction information to be re-used in import processing, thereby reducing the amount of information required from importers. For states that already have customs intelligence-sharing agreements, a single window system could be used to exchange intelligence information about the import and export transactions processed by the system. Intelligence-sharing agreements can and should include transparent protection for human rights. The human rights relevant to this legal framework are access to justice, freedom from arbitrary search and seizure, freedom from torture and the right to privacy. The right to privacy is the human right most affected by intelligence-sharing. This thesis proposes a legal framework to enable intelligence to be shared through a single window system with transparent terms for managing human rights. This thesis suggests that public confidence would be improved by showing how privacy and other human rights are treated in the rules for customs intelligence-sharing using the system proposed here.</p>

scholarly journals Big Data and "New Surveillance": Is International Regulation Feasible?

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Leanne Winkels
Keyword(s):  
Human Rights ◽  
Big Data ◽  
International System ◽  
Personal Data ◽  
Legal Framework ◽  
Right To Privacy ◽  
International Regulation ◽  
The Right To Privacy ◽  
Nation States ◽  
The Right

The collection and analysis of individuals data by governments and organizations is an area that lacks overarching protection at the international level, there is potential for an international system monitoring the use of Big Data and providing protections against violations of the right to privacy among other human rights laws. This paper outlines the policy background, then analyzes the use of Big Data through case studies of collection of data on LBTQ+ in Russia, and Uyghur Muslims in China’s Xinjiang province. After establishing the potential for abuses and violations of human rights and the right to privacy through unfettered access to personal data, this paper then considers proposed models to assess and protect human rights in this area, and looks at the potential for the development of an international monitoring system. To take steps towards developing an international legal framework of data protection I argue that the use of international norms to create monitoring bodies, and treaty law between nation-states and also international organizations can be utilized to develop such a framework. 

scholarly journals Teleworking: A New Reality Conditioned by the Right to Privacy

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 64
Author(s):  
Carlos Arroyo-Abad
Keyword(s):  
New Technologies ◽  
Legal Framework ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Work From Home ◽  
Provision Of Services ◽  
The Right

Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In the Spanish case, we speak of Law 10/2021 from 9 July on remote working. The objective of this study is to assess the scope as well as the problems that this law generates during its application, regarding controlling the provision of services. However, we not only identify the incidental factors, but also provide a necessary reinterpretation of the right to privacy from the perspective of the inviolability of homes, especially when its current articulation may operate to the detriment of employees’ rights, as contradictory as this may seem.

The Impact of New Technologıes on Human Rıghts ın the Context of the Rıght to be Forgotten and the Rıght to Prıvacy

2021 ◽  
pp. 125
Author(s):  
GULNAZ AYDIN RZAYEVA ◽  
AYTAKIN NAZIM IBRAHIMOVA
Keyword(s):  
Human Rights ◽  
New Technologies ◽  
Personal Data ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Right To Be Forgotten ◽  
Internet Information ◽  
The Media ◽  
The Right ◽  
The Impact

The development of new technologies also has an impact on human rights. In the previous “epochs” of global information society, it was stated that that traditional rights can be exercised online. For instance, in 2012 (and again in 2014 and 2016), the UN Human Rights Council emphasized that ‘the same rights granted to people, so to speak, in an “offline” manner, must be protected online as well’. This, in its turn, implicitly brought to the reality that the new technetronic society did not create new rights. Though, we should take into consideration that in the digital world national legislative norms that guarantee the confidentiality of personal data often do not catch up with the technological development and, thus, can’t ensure confidentiality online. Therefore, the impact of digitalization on human rights within the frames of international and national laws should be broadly analysed and studied. The article’s objective is to analyze the impact of new technologies on human rights in the context of the right to be forgotten and right to privacy. Because the development of new technologies is more closely linked to the security of personal data. With the formation of the right to be forgotten, it is the issue of ensuring the confidentiality of certain contents of personal data as a result of the influence of the time factor. The authors conclude that, the right to be forgotten was previously defended more in the context of the right to privacy. However, they cannot be considered equal rights. The right to be forgotten stems from a person’s desire to develop and continue his or her life independently without being the object of criticism for any negative actions he or she has committed in the past. If the right to privacy contains generally confidential information, the right to be forgotten is understood as the deletion of known information at a certain time and the denial of access to third parties. Thus, the right to be forgotten is not included in the right to privacy, and can be considered an independent right. The point is that the norms of the international and national documents, which establish fundamental human rights and freedoms, do not regulate issues related to the right to be forgotten. The right to be forgotten should be limited to the deletion of information from the media and Internet information resources. This is not about the complete destruction of information available in state information systems. Another conclusion of authors is that the media and Internet information resources sometimes spread false information. In this case, there will be no content of the right to be forgotten. Because the main thing is that the information that constitutes the content of the right to be forgotten must be legal, but after some time it has lost its significance. The scope of information included in the content of the right to be forgotten should not only be related to the conviction, but also to other special personal data (for example, the fact of divorce).

Freedom of Expression and the Right to Privacy and Ethics in Dialectic of Human Rights in This Complex and Turbulent Society

2021 ◽  
Vol 9 (2) ◽  
pp. 1-28
Author(s):  
José Poças Rascão ◽  
Nuno Gonçalo Poças
Keyword(s):  
Social Networks ◽  
Human Rights ◽  
Online Social Networks ◽  
Freedom Of Expression ◽  
Technological Development ◽  
Social Engineering ◽  
Digital Data ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

The article is about human rights freedom of expression, the right to privacy, and ethics. Technological development (internet and social networks) emphasizes the issue of dialectics and poses many challenges. It makes the theoretical review, the history of human rights through and reference documents, an analysis of the concepts of freedom, privacy, and ethics. The internet and social networks pose many problems: digital data, people's tracks, the surveillance of citizens, the social engineering of power, online social networks, e-commerce, spaces of trust, and conflict.

scholarly journals Surveillance and Drones at Greek Borderzones: Challenging Human Rights and Democracy

2017 ◽  
Vol 15 (3/4) ◽  
pp. 439-446 ◽  
Author(s):  
Panagiotis Loukinas
Keyword(s):  
Human Rights ◽  
Democratic Values ◽  
Right To Privacy ◽  
Far Right ◽  
The Right To Privacy ◽  
Protection Of Human Rights ◽  
The Right ◽  
Border Surveillance

The planned intensification of surveillance, including the use of drones, at the Greek borders will increase uncertainty at Greek borderzones as regards the protection of human rights, which are already under threat due to the existing high levels of surveillance. This includes both the human rights of migrants and refugees as well as the right to privacy of the populations already resident in these areas. The curtailment of these rights constitutes a threat to individuals’ liberties and democratic values. This further problematizes the situation in Greece, where the popularity of far-right has risen, while anti-immigrant rhetoric has been diffused in the practices and policies of border surveillance.

scholarly journals Istota tajemnicy ubezpieczeniowej ze szczególnym uwzględnieniem odpowiedzialności za jej naruszenie

2021 ◽  
Vol 33 (2) ◽  
pp. 227-240
Author(s):  
Izabela Wysocka ◽  
Keyword(s):  
Human Rights ◽  
Criminal Liability ◽  
Civil Liability ◽  
Administrative Law ◽  
Public Law ◽  
Tort Liability ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

Insurance secrecy is a public law institution that has been introduced to the private system. The purpose of this institution is to protect constitutional guarantees such as the right to privacy, and also to protect human rights. This fact gives rise to the entity’s broad liability for breach of insurance secrecy. You can see civil liability as a contractual breach and tort liability. In addition, the entity obliged to maintain insurance secrecy that violates this obligation may be affected by criminal liability, the basis of which is found in several acts. It is also worth highlighting the role of administrative responsibility, in which a breach of the obligation of confidentiality is treated as an administrative tort. Due to the above, the essence of insurance secrecy is to provide protection under civil, criminal and administrative law.

scholarly journals The Case Fontevecchia and D’amico Against Argentina

2021 ◽  
Vol 12 (12) ◽  
pp. 179-190
Author(s):  
Everson Alexandre de Assumpção
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Freedom Of Expression ◽  
Scientific Article ◽  
Vienna Convention ◽  
International Treaties ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
International Court ◽  
The Right

This scientific article was based on a case study, judged by the Argentine Supreme Court. In this process, the author filed a civil action in the civil court to compensate the damage against the authors, understanding that the right to privacy, privacy, honor and image rights were violated. The article sought to analyze the collision of principles, rules, rights and jurisprudence that led the Inter-American Court of Human Rights to rule in favor of Jorge Fontevecchia and Heitor D’amico. These were condemned by the Argentine State for understanding that there was a violation of the Right to Privacy. However, the international court decided to revoke the judgment passed and judged by the Supreme Court of the Argentine Nation, understanding that Fontevechia and D’amigo did not violate the Right to Freedom of Expression, making the action illegal and, therefore, forcing the Argentine State to withdraw the action and also to promote the due reparation of the damages caused to the. On February 14, 2017, the Argentine State rejected the decision of the Inter-American Court, transforming this case into one of the most famous “leading cases” of Argentine international public law. Finally, on October 18, 2017, the International Court issued another resolution to render the sentence in the Fontevecchia y D’Amico case ineffective. It was concluded, therefore, that even with the Argentine constitutional reform of 1994 and the granting of a constitutional hierarchy to international human rights standards, it was defined that the rules of international treaties “do not derogate from the provisions of the first part of the Argentine Constitution” under the terms of article 75, item 22, but attributed to the international treaties a character of complementarity, in addition to the prohibition, provided for in article 27 of the Vienna Convention on the Law of Treaties, to invoke reasons of domestic law for non-compliance in order to comply with international obligations. For the preparation of this scientific article, the deductive method and qualitative and descriptive research were used. As bibliographic references were used published materials, scientific literature, Law and Jurisprudence that were relevant to the purposes discussed here.

The Conservatism of the European Court of Humans Rights Regarding Abortions on Demand

2015 ◽  
pp. 185-196
Author(s):  
Pitsou Anastasia
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Right To Privacy ◽  
Right To Life ◽  
On Demand ◽  
The Right To Privacy ◽  
European Court ◽  
The Right

In this chapter, the authors negotiate the fact that the European Court of Human Rights (ECtHR) missed the opportunity to recognize the right to abortion under specific criteria that are harmonized with the right to life and the right to privacy. It obviously remains a triumph of nationalism and of religious power over human dignity.

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