scholarly journals Análisis Forense En Un Sistema De Información En El Marco Normativo Colombiano

2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Cesar Villamizar ◽  
Ailin Orjuela ◽  
Marco Adarme
Keyword(s):  
International Organization ◽  
Digital Evidence ◽  
Constitutional Protection ◽  
The Right To Privacy ◽  
General Rules ◽  
Chain Of Custody ◽  
Rules And Principles ◽  
The Right ◽  
Sistemas De Informacion ◽  
Different Sources

El análisis forense consiste en determinar las causas del compromiso de seguridad de un sistema. En la actualidad se conocen normas y principios generales como la Organización Internacional en Evidencia Digital (IOCE). El objetivo del estudio fue caracterizar la legislación colombiana en cuanto a la normatividad específica y necesaria para  el diseño de la técnica informática en cuanto a la extracción de la evidencia digital para anclar la cadena de custodia. Se utilizó una investigación descriptiva de tipo documental y aplicada, mediante el análisis de diferentes fuentes sobre sistemas de información, integridad, confidencialidad y disponibilidad de datos bajo custodia judicial. La normatividad actual permite fundamentar el uso de técnicas informáticas para la extracción de la evidencia digital y asegurar la cadena de custodia, basado en la protección constitucional del derecho a la intimidad, por lo que se deben respetar la libertad y promover las demás garantías. También la normatividad se apoya en la Ley  527 de Agosto 18 de 1999 que trata de los instrumentos magnéticos e informáticos, así como la ley 527 de 1999 sobre el comercio electrónico para Colombia, la Ley 1273 de 2009 para la protección de la información y la Ley 1273 del 2009 que tipifica los delitos informáticos.AbstractForensic analysis is to determine the causes of compromise security of a system. At present general rules and principles as the International Organization for Digital Evidence (IOCE) they are known. The aim of the study was to characterize Colombian law as to the specific and necessary for the design of computer technical regulations regarding the extraction of digital evidence to anchor the chain of custody. A descriptive documentary research and applied type was used, by analyzing different sources on information systems, integrity, confidentiality and availability of data in judicial custody. Current regulations allow substantiate the use of computer techniques to extract digital evidence and ensure the chain of custody, based on the constitutional protection of the right to privacy, so they must respect freedom and promote other warranties. Regulations also relies on Law 527 of August 18, 1999 which is magnetic and software tools, as well as the law 527 of 1999 on electronic commerce for Colombia, Law 1273 of 2009 for the protection of information and Law 1273 of 2009 which criminalizes cybercrime.

Responsibility of a Member state of an International Organization: Where Will It End? Comments on Article 60 of the ILC Draft on the Responsibility of International Organizations

2010 ◽  
Vol 7 (1) ◽  
pp. 49-61 ◽  
Author(s):  
Esa Paasivirta
Keyword(s):  
Member State ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Individual Member ◽  
Individual Member State ◽  
General Rules ◽  
The Right ◽  
International Law Commission ◽  
The Eu

AbstractThe paper addresses the issue of possible responsibility of a member state for acts of an international organization of which it is a member. This particular issue forms part of the on-going work of the International Law Commission of establishing rules for the responsibility of international organizations. The particular challenge is posed by possible “responsibility gaps”, i.e. situations where a state might avoid compliance with its own obligations by prompting the organization of which it is a member to act instead. The paper compares the ILC approach, approaching the issue by way of trying to establish general rules of responsibility (“secondary rules”) and the practice of the EU, which has addressed the issue by tailor-made solutions in the context of specific treaties (“primary rules”). The latter approach is more flexible as it allows individual solutions pertinent to particular circumstances and treaty regimes so as to ensure that either the organization itself or its member state is responsible, depending whichever is genuinely responsible. The paper concludes that the ILC work is progressing in the right direction as it narrows down the possibilities where a member state can be held responsible to cover only situations bordering abuse, rather than more open-ended standards for individual member state responsibility, which can open the door for unpredictable results.

scholarly journals Distinguishing Charter Rights in Criminal and Regulatory Investigations: What’s the Purpose of Analyzing Purpose?

2010 ◽  
pp. 93
Author(s):  
Christopher Sherrin
Keyword(s):  
Right To Privacy ◽  
Criminal Investigations ◽  
Constitutional Protection ◽  
The Right To Privacy ◽  
The Law ◽  
Compliance With The Law ◽  
The Right ◽  
Constitutional Protections

This article critically evaluates one of the main justifications for affording persons accused of regulatory offences constitutional protections different from those afforded to persons accused of criminal offences. It is only the latter who enjoy robust constitutional protection against self-incrimination and to privacy. This difference has been justified on the basis that there are different purposes behind regulatory and criminal investigations. The former are supposedly intended to ensure compliance with the law whereas the latter are supposedly intended to gather evidence for prosecution. This article challenges the validity of the justification based on purpose. The author suggests that focusing on investigatory purpose has no relevance to the interests protected by the right to privacy, offers no real protection against the admission of unreliable evidence, and undermines the very principle it is said to protect: the principle against self-incrimination. Moreover, the justification based on purpose misunderstands the purposes of both regulatory and criminal investigations and ignores the reality that in many instances they share the same purpose.

scholarly journals THE DIGITAL ECONOMY AND THE QUEST FOR PRIVACY PROTECTION IN BANGLADESH: A COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 28 (2) ◽  
pp. 567-596
Author(s):  
Mohsin Dhali ◽  
Sonny Zulhuda ◽  
Suzi Fadhilah Ismail
Keyword(s):  
Legal Analysis ◽  
Right To Privacy ◽  
Right To Life ◽  
Constitutional Protection ◽  
The Right To Privacy ◽  
Right Of Privacy ◽  
Explicit Recognition ◽  
Information And Communication ◽  
The Right Of Privacy ◽  
The Right

The present unbridled advancement in the field of information and communication technology has resulted in individuals being thrust at a crossroad, where refusing to sacrifice one’s privacy would mean the denial of technological benefits. Concern for privacy begins once a child is born into this world where the right to privacy could now be argued needs to be considered as one of the basic human rights similar to other inalienable rights such as the right to life and liberties. Bangladesh is one of the countries that has not given explicit recognition to the right of privacy. This is evident from the absence of explicit indications of the right to privacy in the Constitution of Bangladesh and judicial interventions make the constitutional protection of privacy questionable. The purpose of the present study is to find out whether the right to privacy is in fact recognized and protected by the Constitution of Bangladesh by examining specific provisions in the Constitution of Bangladesh to locate provisions that could be relied on to show that a sliver of recognition could be given to the right of privacy in Bangladesh. This position is then compared to other jurisdictions, especially the common law jurisdictions. The study finds that although Article 43 of the Constitution guarantees limited protection that encompasses the right to privacy of home and correspondence but if read together with the right to life and liberty in Article 32, it could be argued that these are viable provisions in recognizing the right to privacy under the Constitution of Bangladesh.

scholarly journals The Democratic Impact of Strengthening European Fundamental Rights in the Digital Age: The Example of Privacy Protection

2021 ◽  
Vol 22 (1) ◽  
pp. 31-44
Author(s):  
Sandra Seubert ◽  
Carlos Becker
Keyword(s):  
Privacy Protection ◽  
Fundamental Rights ◽  
Privacy Rights ◽  
Right To Privacy ◽  
Constitutional Protection ◽  
Communication Structures ◽  
The Right To Privacy ◽  
European Democracy ◽  
Strong Notion ◽  
The Right

AbstractIn times of digital pervasion of everyday life, the EU has strengthened a normative idea of European fundamental rights, especially by referring to a strong notion of privacy protection. A normative corridor is evolving with the “right to privacy” at its heart, a right that will be instrumental in shaping the European legal architecture’s future structure. In this Article we argue that the constitutional protection of privacy rights is not only of individual relevance but also of major democratic significance: it protects the integrity of the communication structures that underpin democratic self-determination. The debate on privacy protection, however, often lacks a democratic understanding of privacy and misses its public value. Following an interactionist understanding of privacy and a discourse-theoretical model of democracy, our argument puts forward a conceptual link between privacy and the idea of communicative freedom. From this perspective, the substantiation of a European fundamental right to privacy can be seen as a possible contribution to promoting European democracy in general.

Freedom of Scientific Research and its Restrictions in German Constitutional Law

2006 ◽  
Vol 39 (2) ◽  
pp. 110-126 ◽  
Author(s):  
Christian Starck
Keyword(s):  
Human Dignity ◽  
Scientific Practice ◽  
Scientific Research ◽  
Embryo Research ◽  
Constitutional Rights ◽  
Human Beings ◽  
Constitutional Protection ◽  
The Right To Privacy ◽  
German Constitution ◽  
The Right

The German Constitution guarantees freedom of scientific research. This guarantee raises questions, such as its legal definition and scope, as well as possible conflicts with other constitutional rights. This Article suggests that in order to have normative legal consequences, the constitutional concept of science must have an ethical dimension—the importance of the value of research and research for nonbiased “truth.” Such an ethically-loaded definition of science gives rise to internal restrictions, by placing forgery, manipulation, plagiarism and other forms of improper scientific practice outside the scope of constitutional protection. Restrictions to constitutional protection can also be derived from other constitutional rights, such as the right to privacy, environmental protection, and the life and health of others. Another arguably important restriction is derived from the right to human dignity, particularly as it touches upon biomedical questions of human cloning and embryo research. This paper argues that the Kantian proscription of treating human beings as a means to an end, which lies at the heart of the right to human dignity, imposes significant restrictions on current trends in biomedicine. These restrictions warn against an implicit utilitarianism that devalues the rights of vulnerable human beings.

The right to privacy in Albania and the report with other rights

2018 ◽  
Author(s):  
Anxhelina Zhidro ◽  
Arbesa Kurti ◽  
Klodjan Skënderaj
Keyword(s):  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

Digital Chain of Custody

2017 ◽  
Vol 7 (7) ◽  
pp. 117
Author(s):  
Matthew N.O. Sadiku ◽  
Adebowale E. Shadare ◽  
Sarhan M. Musa
Keyword(s):  
Digital Evidence ◽  
Chain Of Custody ◽  
Digital Investigation ◽  
A Chain ◽  
Admissible Evidence ◽  
Investigation Process

Digital chain of custody is the record of preservation of digital evidence from collection to presentation in the court of law. This is an essential part of digital investigation process.  Its key objective is to ensure that the digital evidence presented to the court remains as originally collected, without tampering. The chain of custody is important for admissible evidence in court. Without a chain of custody, the opposing attorney can challenge or dismiss the evidence presented. The aim of this paper is to provide a brief introduction to the concept of digital chain custody.

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