Freedom of assembly under attack: General and indiscriminate surveillance and interference with internet communications

2020 ◽  
Vol 102 (913) ◽  
pp. 181-198
Author(s):  
Ilia Siatitsa
Keyword(s):  
Collective Action ◽  
Freedom Of Expression ◽  
Facial Recognition ◽  
Personal Information ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Better Regulation ◽  
The World ◽  
The Right ◽  
Do So

AbstractEvery day across the world, as people assemble, demonstrate and protest, their pictures, their messages, tweets and other personal information are amassed without adequate justification. Arguing that they do so in order to protect assemblies, governments deploy a wide array of measures, including facial recognition, fake mobile towers and internet shutdowns. These measures are primarily analyzed as interferences with the right to privacy and freedom of expression, but it is argued here that protest and other assembly surveillance should also be understood as an infringement of freedom of assembly. This is necessary not only to preserve the distinct nature of freedom of assembly that protects collective action, but also to allow for better regulation of surveillance and interference with internet communications during assemblies.

Risk Assessment vs. Right to Privacy: The Access to Health Information on the Insurance Candidate through Questionnaires and the Right to Privacy

2013 ◽  
Vol 20 (1) ◽  
pp. 63-78
Author(s):  
Maria Inês de Oliveira Martins
Keyword(s):  
International Law ◽  
Health Information ◽  
Personal Information ◽  
Relevant Information ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Access To Health ◽  
Health Related ◽  
Principle Of Proportionality ◽  
The Right

Abstract The need of private insurers for information on the candidate’s health risks is recognized by the law, which places pre-contractual duties of disclosure upon the candidates. When the risks are influenced by health factors, e.g. in the case of life- and health insurances, it implies the provision of health information by the candidates, who thus voluntarily limit their right to privacy. This consent, however, often happens in a context of factual coercion to contract. Next to this, from a legal standpoint, the collection of personal information must respond to the principle of proportionality. Against this background, this article assesses the compatibility of questionnaire techniques that rely on open-ended health related questions with the right to privacy, as protected by Portuguese and international law. It then analyses the extent of pre-contractual duties of disclosure as defined by the Portuguese Insurance Act, which requires the candidate to volunteer all the relevant information independently of being asked for it. In doing so, the article also refers to some other European countries. It concludes that the relevant Portuguese legislation is incompatible both with Portuguese constitutional law and with international law.

scholarly journals IS CYBER SEARCH AND SEIZURE UNDER THE CYBERCRIMES AND CYBERSECURITY BILL CONSISTENT WITH THE PROTECTION OF PERSONAL INFORMATION ACT?

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Melody Musoni
Keyword(s):  
Personal Information ◽  
The State ◽  
Search And Seizure ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Constitutional Right ◽  
The Right

The focus of this note is to analyze whether the Cybercrimes and Cybersecurity Bill provides a harmonization between search and seizure and the constitutional right to privacy. This will be achieved by discussing the State powers of search and seizure in cyberspace vis-à-vis the right to privacy as envisaged in the Protection of Personal Information Act. Further, this note investigates whether the Cybercrimes and Cybersecurity Bill achieves the purpose of combatting cybercrimes without the infringement of the right to privacy. Subsequently, the article provides plausible recommendations on how the State should lawfully conduct searches and seizures of articles related to cybercrimes.

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.

The Right to Privacy and the Protection of Personal Data in a Digital Era and the Age of Information

2012 ◽  
pp. 34-45
Author(s):  
William Bülow ◽  
Misse Wester
Keyword(s):  
Empirical Evidence ◽  
Personal Information ◽  
Personal Data ◽  
Modern Society ◽  
Right To Privacy ◽  
Policy Makers ◽  
The Right To Privacy ◽  
Digital Era ◽  
The Individual ◽  
The Right

As information technology is becoming an integral part of modern society, there is a growing concern that too much data containing personal information is stored by different actors in society and that this could potentially be harmful for the individual. The aim of this contribution is to show how the extended use of ICT can affect the individual’s right to privacy and how the public perceives risks to privacy. Three points are raised in this chapter: first, if privacy is important from a philosophical perspective, how is this demonstrated by empirical evidence? Do individuals trust the different actors that control their personal information, and is there a consensus that privacy can and should be compromised in order to reach another value? Second, if compromises in privacy are warranted by increased safety, is this increased security supported by empirical evidence? Third, the authors will argue that privacy can indeed be a means to increase the safety of citizens and that the moral burden of ensuring and protecting privacy is a matter for policy makers, not individuals. In conclusion, the authors suggest that more nuanced discussion on the concepts of privacy and safety should be acknowledged and the importance of privacy must be seen as an important objective in the development and structure of ICT uses.

scholarly journals El derecho a la privacidad en los Estados Unidos : aproximación diacrónica a los intereses constitucionales en juego

2011 ◽  
pp. 279
Author(s):  
María Nieves Saldaña
Keyword(s):  
Personal Development ◽  
Personal Information ◽  
The United States ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Federal Constitution ◽  
Broad Concept ◽  
El Sistema ◽  
Constitutional System ◽  
The Right

Although the federal Constitution of the United States does not expressly recognize a «right to privacy», however, the Supreme Court, over a long and gradual case law, has considered it implicit in the guarantees of the First, Fourth, Fifth, Ninth and Fourteenth Amendments. Therefore, in the American constitutional system the right to privacy is a broad concept, which is set along more than a century to progressively delimit those areas of the private sphere which tend to preserve those interests of solitude, sanctuary, autonomy, individuality, personal development, freedom of choice in personal matters, control of personal information, as well as the essential substrate of the inviolable human dignity. These essential individual interests contribute to the formation of an active and participatory citizenship, constituting thus the right to privacy a fundamental legal interest for the very existence of the democratic system.Aunque la Constitución federal de los Estados Unidos no reconoce expresamente un «derecho a la privacidad », sin embargo, el Tribunal Supremo, a lo largo de una extensa y gradual jurisprudencia, lo ha considerado implícito en las garantías de la Primera, Cuarta, Quinta, Novena y Decimocuarta Enmiendas. Por tanto, en el sistema constitucional norteamericano el derecho a la privacidad es un concepto amplio, que se ha configurado a lo largo de más de un siglo al delimitarse progresivamente aquellos ámbitos de la esfera privada que tienden a preservar esos intereses de soledad, secreto, autonomía, individualidad, desarrollo de la personalidad, libertad de elección en asuntos personales, control de la información personal, así como del sustrato esencial de la inviolable dignidad humana. Intereses individuales de carácter esencial que coadyuvan a la formación de una ciudadanía activa y participativa, constituyendo así el derecho a la privacidad un bien jurídico fundamental para la existencia misma del sistema democrático.

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.

Legal Protection of the Right to be Forgotten on the Internet in European and Arab Legislation

2021 ◽  
pp. 1-24
Author(s):  
Jamal Barafi ◽  
Ali Hadi Al-Obeidi
Keyword(s):  
Mass Media ◽  
Freedom Of Expression ◽  
Legal Protection ◽  
The Internet ◽  
Access To Information ◽  
Right To Privacy ◽  
European Approach ◽  
The Right To Privacy ◽  
Right To Be Forgotten ◽  
The Right

Abstract The development of the Internet and mass media has facilitated access to information and freedom of expression in unprecedented ways, but in so doing there have been many violations, especially of the right to privacy. Such violations have led to calls for the establishment of the right to be forgotten. In this paper, we focus on clarifying the concept of the right to be forgotten and the conditions for establishing this. Moreover, we consider the European approach to the right to be forgotten (RTBF), showing how different European instruments have been employed to recognize this right, such as recommendations, regulations, and directives, in order to coordinate national efforts on this issue. In addition, this paper will analyze the stance of some national Arabic legislation regarding the RTBF.

Sins and Crimes

Philosophy ◽  
1968 ◽  
Vol 43 (163) ◽  
pp. 38-50 ◽  
Author(s):  
A. R. Lough
Keyword(s):  
Human Nature ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Homosexual Conduct ◽  
The Law ◽  
The Right ◽  
Do So

A law, say, prohibits homosexual conduct or punishes the prostitute for plying her trade. According to some it is a bad law, according to others a necessary one. Those who argue that it is a bad law do so on a variety of grounds—that it is sheer folly to try to change human nature by law, that such legislation can only be effective at the price of the right to privacy, that the punishment of acts arising from compelling desires is cruel and excessive, that the law has no business meddling in what people do to others with their consent. Those who argue that it is a necessary law do so on one ground, that the act in question is immoral, and that what is wrong must be punished, lest the law itself fall into disrepute by failing to carry out a consistent campaign against wrong-doing.

Sign in / Sign up

Export Citation Format

Share Document