scholarly journals THE DATA SUBJECT’S RIGHTS AND LIABILITY FOR VIOLATIONS

2018 ◽  
Vol 2 (83) ◽  
pp. 114
Author(s):  
Sergey Svetlov
Keyword(s):  
Information Technology ◽  
Data Processing ◽  
Personal Data ◽  
Clear Definition ◽  
The Subject ◽  
The Law ◽  
Rights And Interests ◽  
Administrative Responsibility

With the development of information technology, data processing tools for individuals are increasingly used in various areas of life. Their accessibility and simplicity in circulation lead to more and more mass application of technologies in the lives of individuals, organizations, and society. Personal data of individuals are subject to turnover, inevitably there is a need to protect the carriers of this data from using the information received against their rights and interests. Despite the urgency of the problem, the concept of the subject of protection does not have a clear definition, as a result, the participants in legal relations will seek to interpret it depending on their needs. The law determines the administrative responsibility for the violation of the processing of data of individuals, but does not provide for special mechanisms for compensation for the damage caused. Consequently, there is an urgent need to specify the norms related to the protection of these individuals. 

Information Technology Law

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Information Technology ◽  
Digital Rights Management ◽  
Personal Data ◽  
Patent Law ◽  
Digital Products ◽  
Online Fraud ◽  
Security Breaches ◽  
Legal Response ◽  
The Law ◽  
Eighth Edition

Information Technology Law provides a thorough account of information technology (IT) law. The volume looks at the subject in a wide context, examining the legal response to the latest IT-related developments within society, bringing the law to life and examining how legal issues in IT can affect everyone. This title considers issues in IT law on European and international scales, providing a realistic overview of how the law in this area operates globally and encouraging further thought and investigation about the current issues within IT law. The eighth edition covers major new legislation in this field, including the Investigatory Powers Bill and its proposed impact and scope; the rise in online fraud in the context of the Computer Misuse Act; discussion of personal data in the light of recent high-profile security breaches and new EU directives; new legislation introduced in response to the issue of revenge pornography; updated coverage of patent law, copy protection, and digital rights management; discussion of the Consumer Rights Act 2015 with regards to digital products and content; and consideration of new cases in all areas of the law.

scholarly journals Application of law vs «improvement of legislation» (some considerations on current legal practice)

2021 ◽  
pp. 52-62
Author(s):  
Andriy Drishliuk ◽  
Yurii Orzikh
Keyword(s):  
Legal Practice ◽  
Application Of Law ◽  
Permanent Improvement ◽  
The Subject ◽  
The Law ◽  
Rights And Interests ◽  
The One ◽  
Improvement Of Legislation ◽  
Legal Consequences ◽  
Direct Infringement

Relevant problems of the practice of application of law and permanent process of improvement of the Ukrainian legislation are examined in this article. In particular authors stress on contradiction between process of the permanent improvement of the legislation and sustainability, predictability and legal certainty as principles of legal system. On the one hand, constant reforming of the legislation of Ukraine does not give possibility for subjects of law to create stable legal relations, which are regulated in a predictable way. On the other hand, legislation of Ukraine must be actual and even few “step ahead” the actual situation in Ukraine. It must give necessary methods, tools and legal instruments, which regulate relations between subjects of law. Described judicial and notarial practical cases show in what way flexibility of the legislation could be provided in conditions of the ongoing changes. Authors consider that qualified and high-quality application of the current legislation by the subjects of application of law gives possibility to provide flexibility of the legislation. Such application of law is done by subjects applying the law, although their actions are not directly provided for by the legislation, but they are not prohibited either. Essential principle of such application of law must be the whole tendency to create those legal consequences of the application of law which will not lead to the direct infringement of somebodies rights and interests within the process of application of law. Illustrated lawsuit and case of notarial practice show how exactly interpretative mechanism and analogy as a tool of the subject applying the law help to avoid infringements of rights and interests of heirs of the deceased person. Keywords: application of law, improvement of the legislation, notary, judge, court and notarial practice.

scholarly journals THE SUBJECT AREA OF INFORMATIZATION OF COURT DECISIONS

2021 ◽  
pp. 462-487
Author(s):  
S. B. Polyakov ◽  
◽  
I. A. Gilev ◽  
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Object Oriented ◽  
Law Enforcement Officers ◽  
Subject Area ◽  
Object Oriented Programming ◽  
Court Decisions ◽  
Legal Method ◽  
The Subject ◽  
The Law

Introduction: we have created an information technology support program, named ‘LaserIP-GPK-2020’, designed to provide assistance in making reasoned court decisions according to the rules of the Civil Procedure Code of the Russian Federation in ordinary proceedings. With the help of this program, we demonstrate in the paper the complexity of the law enforcement process for a person and the assistance that software can provide to overcome this complexity. The paper shows the subject area of the information system created by us, outlines the ways of further enhancement of software intended to facilitate law enforcement, and challenges the myths about the robot judge. Purpose: to determine the possible types of software to be developed in accordance with the types of law enforcement operations, provided that the discretion function remains with law enforcement officers; to determine the directions of the formalization of law enforcement operations and the possibilities of gradual transfer of some of them to artificial intelligence. Methods: the universal dialectical-materialistic method, employed when converting the law enforcement process into the language of information technology; analysis and synthesis of the law enforcement process, the formal-legal method – for converting the requirements of law and legal science to law enforcement into software commands for the judge and the parties to the case; the object-oriented approach to modeling; the object-oriented programming methodology, a relational approach to database design. Results: the ‘Laser-IPGPK-2020’ computer program contains a sequence of law enforcement operations and rules for their execution, the multiplicity and complexity of which exceeds the capabilities of most law enforcement officers. This program is designed to prevent law enforcement errors resulting from the limited human capabilities with regard to retaining knowledge of the multitude of rules of law enforcement operations, and to obviate the expenditure of time required for each individual judge to solely produce a reasoned decision in a case. Conclusion: the selection and development of particular IT solutions to be applied in law enforcement practice when solving legal cases are determined by the analysis of the law enforcement process, which is the subject area of the program.

scholarly journals Intangible machines: Patent protection for software in the United States

2018 ◽  
Vol 57 (1) ◽  
pp. 18-37
Author(s):  
Brad Sherman
Keyword(s):  
Information Technology ◽  
Subject Matter ◽  
Patent Protection ◽  
The United States ◽  
Patent Law ◽  
Clear Understanding ◽  
Information Technology Industry ◽  
Technology Industry ◽  
The Subject ◽  
The Law

Intellectual property law has been interacting with software for over sixty years. Despite this, the law in this area remains confused and uncertain: this is particularly evident in patent law. Focusing on U.S. patent law from the 1960s through to the mid-1970s, this article argues that a key reason for this confusion relates to the particular way that the subject matter was construed. While the early discussions about subject matter eligibility were framed in terms of the question “is software patentable?”, what was really at stake in these debates was the preliminary ontological question: what is software? Building on work that highlights the competing ways that software was construed by different parts of the information technology industry at the time, the article looks at the particular way that the law responded to these competing interpretations and how in so doing it laid the foundation for the confusion that characterizes the area. When engaging with new types of subject matter, patent law has consistently relied on the relevant techno-scientific communities not only to provide the law with a relatively clear understanding of the nature of the subject matter being considered; they have also provided the means to allow the law to describe, demarcate, and identify that new subject matter. The inherently divided nature of the nascent information technology industry meant that this was not possible. As a result, the law was forced to develop its own way of dealing with the would-be subject matter.

POLICY AND SYSTEM FOR ENSURING INFORMATION SECURITY IN THE COUNTRIES OF CENTRAL EUROPE

2017 ◽  
Author(s):  
Oleksandr Malashko ◽  
Keyword(s):  
Information Technology ◽  
European Union ◽  
Information Security ◽  
Cyber Security ◽  
Personal Data ◽  
Freedom Of Information ◽  
The European Union ◽  
Security Strategy ◽  
Information Technology Security ◽  
The Law

The article reveals the conceptual foundations of the policy and system for ensuring information security in the countries of Central Europe, in particular in Germany, Poland, Hungary and Croatia. It was found that Germany, Poland, Hungary and Croatia are member countries of the European Union and NATO, therefore they are subject to the rules and standards of these international organizations. It was established that the main documents and programs for ensuring information security and cybersecurity in the EU and NATO member states are: Document C-M (2002) 49 “Security in the North Atlantic Treaty Organization (NATO)”, the Cybersecurity Concept, formulated based on the results of the Lisbon Summit, the Concept cybersecurity, formulated as a result of the Warsaw Summit, “European Criteria for Information Technology Security”, “Common Criteria for Information Technology Security”, “Network and Information Security: a European Political Approach”, “Safe Internet”, “Towards a Common Policy in the Field of Combating cybercrime”,“Protecting Europe from large-scale cyber attacks and disruption: strengthening preparedness, security and resilience”, Directive 95/46 / EU “On the protection of individuals in the context of the processing of personal data and the free circulation of such data ”. It was determined that in Germany the policy and system for ensuring information security and cybersecurity is based on the Law “On Security Inspection”, the “Act for the Protection of Information in Telecommunications”, the “Act on Freedom of Information”, and the Law “On Strengthening the Security of Information Systems”. It was established that in Poland the policy and system for ensuring information security and cybersecurity is based on the Law “On Mail”, the Law “On Television and Radio Broadcasting”, the Law “On State Relations with the Roman Catholic Church in the Republic of Poland”, the Cybersecurity Strategy of Poland, the Doctrine of Cybersecurity Poland, Poland's Information Security Doctrine. It has been established that in Hungary the policy and system for ensuring information security and cybersecurity is based on the Law “On the Protection of Information about a Person and Access to Information of Public Interest”, the Law “On the Right to Information Self-Determination and Freedom of Information”, the Law “On Processing and Protection medical information and related personal data”, “Act on Electronic Information Security of State and Municipal Bodies”, Hungarian National Security Strategy, Hungarian National Cybersecurity Strategy. It was determined that in Croatia the policy and system for ensuring information security and cyber security is based on the “Information Security Act” and the National Cyber Security Strategy. It has been proved that Ukraine, which has chosen the course of European integration, should be guided by a number of information security strategies identified in the member states of the European Union, in particular in Germany, Poland, Hungary and Croatia.

scholarly journals PECULIARITIES OF IMPROVEMENT OF NATIONAL LEGISLATION ON ADMINISTRATIVE RESPONSIBILITY

2021 ◽  
pp. 54-60
Author(s):  
O. I. Mykolenko ◽  
О. M. Mykolenko
Keyword(s):  
Criminal Liability ◽  
Tort Law ◽  
Clear Understanding ◽  
National Legislation ◽  
Legal Nature ◽  
The Subject ◽  
The Law ◽  
Radical Revision ◽  
The Right ◽  
Administrative Responsibility

The article reveals the main directions of improving the national legislation on administrative responsibility. It has been established that the current administrative-tort legislation of Ukraine does not meet the needs of today, either in content or in form. Its norms require a radical revision, and the systematization of legislation on administrative responsibility is the only way to improve the work of legal entities empowered to bring individuals to administrative responsibility. The following problems of a theoretical and practical nature that impede the improvement of administrative tort law: 1) lack of a clear understanding of the legal nature of proceedings in cases of administrative offenses; 2) tendencies towards refusal from the synthesis of material and procedural norms in the codified normative legal act on administrative responsibility; 3) duplication in the administrative-tort legislation of ideas, principles and provisions that ensure the effectiveness of criminal liability; 4) artificial limitation in the legislation of the circle of persons to whom administrative penalties can be applied; 5) imperfection of the procedure for bringing a person to administrative responsibility; 6) ineffective and unreasonably extended system of administrative penalties; 7) an imperfect and ineffective system of bodies authorized to bring persons to administrative responsibility. It was argued that administrative responsibility is, in fact, a prompt reaction of the state or other authorized bodies to violations of the law, and therefore “simplified proceedings” should be widely used in addition to “ordinary proceedings”. However, over the years of Ukraine’s independence, “simplified proceedings” have gradually disappeared from the law enforcement activities of administrative and judicial bodies. It is emphasized that the specificity of administrative responsibility lies in the fact that the subject, who has the right to initiate an administrative offense case, is often the subject considering the case on the merits. Therefore, knowledge of the material part of administrative tort law helps such a subject to determine the preliminary qualification of an offense, and knowledge of its procedural part – to consider the case and impose on a person one of the types of administrative penalties. It has been proved that “simplified proceedings” should be the key procedural form of bringing persons to administrative responsibility. It is noted that the codification of administrative tort law is a painstaking and systematic work in which well-known scientists who have been working on the problem of administrative responsibility for many years should participate.

scholarly journals Compliance with the Principle of Federalism in Bringing to Administrative Responsibility

2020 ◽  
Vol 1 (12) ◽  
pp. 17-25
Author(s):  
A. V. Rudenko
Keyword(s):  
Russian Federation ◽  
Public Authorities ◽  
The Public ◽  
The Subject ◽  
The Russian Federation ◽  
The Law ◽  
Administrative Code ◽  
Different Levels ◽  
Administrative Responsibility

The subject of the study is the extension of the principle of federalism on the validity of the Code of Administrative Offences of the Russian Federation. The paper raises the issue of its extension to normative legal acts adopted by the public authorities of the constituent entities of the Russian Federation and municipal normative legal acts. The author has analyzed the decisions of courts of different levels on bringing to administrative responsibility on the basis of the Administrative Code of the Russian Federation for violations of the law rules of constituent entities of the Russian Federation. The article contains conclusions about the need to correct the provisions of Article 1.3 of the Administrative Code of the Russian Federation. The proposed design of the norm will clearly delineate the powers of the Russian Federation and the constituent entities of the Russian Federation in determining administrative responsibility and excluding the possibility of brining to administrative responsibility for the violation of normative legal acts of constituent entities of the Russian Federation and municipal bodies on the basis of the rules of the Administrative Code of the Russian Federation.

scholarly journals THE COMPOSITION OF THE ADMINISTRATIVE OFFENCE AND THE PROBLEMS OF ITS QUALIFICATIONS

2021 ◽  
Vol 1 (91) ◽  
pp. 47-53
Author(s):  
Jelena Zikina
Keyword(s):  
Theoretical Study ◽  
Legal Basis ◽  
Legal Science ◽  
The Subject ◽  
The Law ◽  
Objective Side ◽  
Necessary And Sufficient ◽  
Subjective Side ◽  
Administrative Responsibility

The administrative-legal science pays a great attention to the study of administrative offences’ qualification. When analyzing any part of an administrative offence, the issues of qualification always take the lead. This paper focuses on the most controversial and at the same time practically important issues. The composition of an administrative offence is a legal basis for the qualification of an administrative offence in accordance with a specific article of the law establishing administrative responsibility.The structure of an administrative offence is a combination of four elements: the object, the objective side, the subjective side and the subject, the presence of which is necessary and sufficient for the recognition of a socially harmful act as an administrative offence. These elements are called necessary because they must be present in any case when deciding whether to bring to administrative responsibility. In the absence of at least one of these elements, a person cannot be held administratively liable.In this paper, the composition of an administrative offence is considered as the basis for the qualification of administrative offences. In connection with the mentioned above, the problems’ study of administrative offences’ qualification, necessitates the further theoretical study of issues related to its concept, purpose, and implementation.

scholarly journals Organizacja związkowa jako administrator – wybrane zagadnienia

2020 ◽  
Vol 27 (4) ◽  
pp. 259-270
Author(s):  
Arleta Nerka
Keyword(s):  
Data Processing ◽  
Trade Union ◽  
Trade Unions ◽  
Personal Data ◽  
Legal Protection ◽  
Employment Relations ◽  
Specific Nature ◽  
The Subject ◽  
Data Controller ◽  
Trade Union Organization

Trade union as a data controller: Selected issues The study covers the issues of identifying trade union structures as data controllers at the level of collective employment relations. Considering the specific nature of the subject matter of trade unions’ activity, the issue of processing personal data accompanies them in the performance of their tasks, often causing interpretation problems. The article also focuses on the characteristics of a trade union organization as a data controller. The analysis also covers the grounds for data processing, with particular emphasis on the legality of data processing subject to special legal protection.

scholarly journals Automatic computer based data processing as a special investigation activity

2006 ◽  
Vol 78 (9) ◽  
pp. 602-615
Author(s):  
Tatjana Lukić
Keyword(s):  
Data Processing ◽  
Organized Crime ◽  
Personal Data ◽  
Criminal Procedure ◽  
Criminal Investigation ◽  
Legal Basis ◽  
Special Investigation ◽  
Automatic Data ◽  
Computer Based ◽  
The Subject

The application of special investigation activities is characteristic for proactive investigations related to the organized crime. One of these special investigation activities, that became more and more important, is a computer based automatic data processing which was introduced in Serbia by the new Law on Criminal Procedure. The subject matter of this paper is legal solution in Serbia related to this special investigation activity. Apart from that, the author demonstrated its comparative regulation by analyzing legal basis for its application, terms and means of its approval, duration, use of computer excerpts as evidence in the criminal procedure and supervision over its legality. The author paid special attention to the personal data processing on the international level and issue of criminal investigation analytics in combating terrorism.

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