scholarly journals LEGAL ENVIRONMENT OF HUMAN RIGHTS IN THE CONDITIONS OF DEVELOPMENT OF SOCIAL NETWORKS

2021 ◽  
pp. 9-15
Author(s):  
H. P. Orel
Keyword(s):  
Social Networks ◽  
Human Rights ◽  
Legal Status ◽  
Personal Data ◽  
Legal Rights ◽  
Internet Communication ◽  
Council Of Europe ◽  
Personal Data Protection ◽  
The Right ◽  
Speech Information

This article is devoted to the consideration of the components of the legal provision ofhuman rights in the development of social networks. The issue of the legal status of persons –participants of Internet communication is considered. Such rights include: the right to association;the right to freedom of thought and speech; information rights related to the dissemination,transmission, receipt and use of information. Also, this article covers the issue of illegalmanifestations that entail violations of legal rights and interests. For an individual user, this isillegal access to personal data, disclosure of confidential information; defamation; copyrightinfringement; fraud, misuse of bank data, etc. Covers the security of personal data of users ofsocial networks. The main legal act in force today in the field of personal data protection onthe Internet is the Council of Europe Convention for the Protection of Individuals with regardto Automatic Processing of Personal Data. It is determined that social networks strengthen theright to participate in the management of state affairs, including through free elections, providingadditional opportunities for public debate, improving their quality, stimulating democraticprocesses, activity, initiative, awareness and involvement of citizens in issues related to relatedto public administration. It is stated that due to the potential threats arising in connectionwith the functioning of social networks and other institutions of Internet communication, apromising direction is the creation of legal regimes of human rights in terms of regulatingInternet relations to disseminate information while ensuring the balance of interests of allparticipants. and their harmonization with the basics of public order. At the same time, certainproblems, such as reputation protection, protection of intellectual property, should be solvedin line with the already established sectoral regulation, developing it taking into account thespecifics of Internet communication.

Internet Identity and the Right to be Forgotten

2015 ◽  
pp. 32-46
Author(s):  
Valentina Amenta ◽  
Adriana Lazzaroni ◽  
Laura Abba
Keyword(s):  
Social Networks ◽  
Human Rights ◽  
Personal Identity ◽  
Personal Data ◽  
Digital Identity ◽  
Right To Be Forgotten ◽  
The Subject ◽  
The Right ◽  
Regulatory Trends

In this chapter, the analysis will focus on the concept of digital identity which is evolving and changing, based on the experiences that every individual lives. The chapter further highlights how the digital identity includes the fundamental human rights such as the right to a name, the right of reply, the right to protection of personal data and the right to an image. In translating the right to personal identity to our digitalized era, with its massive use of social networks, we have added to the related decalogue of rights the right to oblivion, equally called right to be forgotten. Given the complexity of the subject, the chapter develops an analysis of the actual international regulatory trends.

Georgian Administrative Law

2020 ◽  
pp. 707-722
Author(s):  
Tamar Gvaramadze
Keyword(s):  
Personal Data ◽  
Administrative Law ◽  
Council Of Europe ◽  
Legal Reforms ◽  
Personal Data Protection ◽  
Western Values ◽  
Fair Hearing ◽  
Administrative Proceedings ◽  
The Right ◽  
The Impact

This chapter discusses the impact of the pan-European principles of good administration on Georgian administrative law. It shows that the legal reforms and modern administrative legislation that started in Georgia in the 1990s were mostly influenced, and directed by, Western values and European principles, including core provisions of the Council of Europe. This influence has manifested itself, among other things, in the Georgian legislator giving constitutional importance to the right to a fair hearing in administrative proceedings and underlining the importance of good administration. Moreover, special parts of administrative law, such as regulation of local self-governance and personal data protection, have also not been immune to this influence, which has been strengthened by the progressive approach undertaken by Georgian courts.

DIGITAL RIGHTS — NEW GENERATION OF HUMAN RIGHTS?

2019 ◽  
Vol 14 (5) ◽  
pp. 141-167
Author(s):  
NATALIA V. VARLAMOVA
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Data Protection ◽  
Personal Data ◽  
Right To Privacy ◽  
Digital Rights ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
Right To Be Forgotten ◽  
The Right

Among the digital rights, besides the right for internet access that was the subject of consideration in the first part of the article, there are also a right to per-so nal data protection and a right to be forgotten (right to erasure).The right to personal data protection is usually enshrined at the supranational and national levels and is protected by the courts as an aspect of the right to privacy. As an independent fundamental right of a constitutional nature the right to personal data protection is enshrined in EU law. Nevertheless, all attempts to doctrinally justify the existence of certain aspects of this right, beyond the claims to the right to privacy, can not be considered successful. The Court of Justice of the EU, while dealing with the relevant cases in order to determine whether certain methods of processing personal data are legitimate, also refers to the right to privacy, considering these rights to be closely interrelated. The right to personal data protection provides additional (including procedural) guarantees of respect for privacy, human dignity and some other rights, but the purpose of these guarantees is precisely the content of the providing rights. The right to be forgotten (right to erasure) is one of the positive obligations with regard to the personal data protection. This right implies correction, deletion or termination of the processing of personal data at the request of their subject in the presence of a reason for this (when the relevant actions are carried out in violation of the principles of data processing or provisions of the legislation). Analogs of this right are the Latin American orders of habeas data, as well as the right of a person to demand the refutation of information discrediting his honor, dignity and business reputation, in case of their inconsistency with reality under civil law and the legislation on mass media. In digital age the importance of this right is increased by the fact that information posted on the Internet remains easily accessible for an indefinite, almost unlimited, time.This caused the extension of the right to be forgotten to information that is consistent to reality, but has lost its relevance and significance, however, continues to have an adverse impact on the reputation of the person concerned. At the same time, the realization of the right to be forgotten in respect of information posted online is connected with a number of technical problems that require legal solutions.In general, digitalization does not create new human rights of a fundamentally different legal nature. It only actualizes or smooths certain aspects of long-recognized rights, transfers their operation into the virtual space, creates new opportunities for their realization and generates new threats to them. Ensuring human rights in modern conditions involves the search for adequate legal solutions, taking into account the opportunities and limitations generated by digital technologies.

scholarly journals The Right to Privacy and Data Protection in the Information Age

2020 ◽  
pp. 1576-1589
Author(s):  
Tigran D. Oganesian
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Personal Data ◽  
Private Life ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
User Data ◽  
The Right ◽  
Mass Surveillance

The article considers the legality of mass surveillance and protection of personal data in the context of the international human rights law and the right to respect for private life. Special attention is paid to the protection of data on the Internet, where the personal data of billions of people are stored. The author emphasizes that mass surveillance and technology that allows the storage and processing of the data of millions of people pose a serious threat to the right to privacy guaranteed by Article 8 of the ECHR of 1950. Few companies comply with the human rights principles in their operations by providing user data in response to requests from public services. In this regard, States must prove that any interference with the personal integrity of an individual is necessary and proportionate to address a particular security threat. Mandatory data storage, where telephone companies and Internet service providers are required to store metadata about their users’ communications for subsequent access by the law enforcement and intelligence agencies, is neither necessary nor proportionate. The author analyses the legislation of some countries in the field of personal data protection, as well as examples from practice. Practice in many States is evidence of the lack of adequate national legislation and enforcement, weak procedural safeguards and ineffective oversight, which contributes to widespread impunity for arbitrary or unlawful interference with the right to privacy. In conclusion, we propose a number of measures aimed at improving the level of personal data protection in accordance with the international standards. In order to provide guarantees and a minimum level of adequate data protection in the face of new challenges to human rights in an ever-changing digital environment, the author proposes to solve a number of pressing issues. Firstly, States should not have the right to ask companies for and have absolute access to user data without a court order. Secondly, the process of sending a request and receiving data from a telecommunications company should be regulated in detail and transparent. The availability of specialized judges with technical expertise shall be valuable

scholarly journals ESSENCE OF THE RIGHT TO PROTECTION OF PERSONAL DATA

2021 ◽  
Author(s):  
Zhivka Mateeva ◽  
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Information Society ◽  
Personal Data ◽  
Modern Life ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Individual ◽  
The Right

In the age of the information society, the possibilities for problems of personal data protection related to the danger and threat of adverse consequences for the individual are extremely high. Violation of the right of the individual in connection with the disclosure of personal data is an encroachment on privacy. This paper examines the nature of the right to the protection of personal data, which is an integral part of the right to privacy. On the basis of the analysis of the right to protection of personal data, its essential features, characteristic for the basic human rights, are derived. On this basis, the role of the right to personal data protection is outlined, finding application in various spheres of modern life.

scholarly journals International experience in personal data protection

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Alla Andreevna Neznamova ◽  
Georgyi Nickolaevich Kuleshov ◽  
Mikhail Mikhailovich Turkin
Keyword(s):  
Personal Data ◽  
International Experience ◽  
The European Union ◽  
Council Of Europe ◽  
Personal Data Protection ◽  
Eu Directive ◽  
Mandatory Notification ◽  
General Scientific ◽  
Definition Of ◽  
The Right

The article is devoted to the analysis of various approaches to the protection of personal data in Russia and the European Union. In order to determine the importance of observing the right to protection of personal data, a number of documents of the European Commission adopted over the past few years have been analyzed. General scientific and special legal methods of cognition allowed for a comparative analysis of Regulation 2016/679 on the Protection of Individuals in the Processing of Personal Data and Their Free Movement (2018) and EU Directive 2016/680. Although Russia has ratified the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (1981), it has not been able to solve a number of problems related to the mandatory notification about personal data leaks, protection of personal data during their processing and against unauthorized access, etc. As a result, conclusions are drawn regarding the prevailing approaches to the definition of personal data and a unified conceptual and categorical apparatus in the field of personal data. Proposals for the modernization of Russian legislation based on international experience are made as well.

scholarly journals Pravo na privatnost i zaštitu osobnih podataka u knjižnicama: perspektive i dokumenti

Bosniaca ◽  
2020 ◽  
Vol 25 (25) ◽  
pp. 42
Author(s):  
Anita Konjicija-Kovač
Keyword(s):  
Human Rights ◽  
Information Technologies ◽  
Personal Data ◽  
Right To Privacy ◽  
Legal Concept ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
Library Associations ◽  
Access To Data ◽  
The Right

Privatnost kao pravni koncept nezaobilazan je dio modernog demokratskog društva i prepoznato je kao jedno od temeljnih ljudskih prava svakog građanina. Pravo na privatnost i zaštitu osobnih podataka zajamčeni su međunarodnim dokumentima o ljudskim pravima. U knjižničarskoj se djelatnosti pravo na privatnost i zaštitu osobnih podataka također garantira u dokumentima međunarodnih knjižničarskih udruženja u kojima se jasno naglašava da su knjižničari u svom radu obvezni da štite privatnost i osobne podatke svojih korisnika. Privatnost i osobne podatke je danas sve teže zaštititi, jer je pristup podacima jednostavniji i lakši zbog korištenja različitih i novih informacionih tehnologija, elektronskog komuniciranja, društvenih mreža, elektronskih baza podataka itd. Osobna se prava garantiraju međunarodnim dokumentima o zaštiti osobnih podataka, a štite se nacionalnim zakonima o zaštiti osobnih podataka. Glavni ciljevi rada su: problematizirati definiranje pojma privatnosti iz nekoliko perspektiva; problematizirati značaj prava na privatnost i zaštitu osobnih podataka u kontekstu knjižničarske profesije; dati pregled značajnijih međunarodnih dokumenata u području ljudskih prava u kojima se garantira i pravo na privatnost i zaštitu osobnih podataka; načiniti osvrt na značajnije međunarodne dokumente kojima se garantira pravo na zaštitu i tajnost osobnih podataka; i na kraju rad će dati pregled dokumenata međunarodnih knjižničarskih udruženja koji u svojim tekstovima ukazuju na značaj privatnosti i zaštite osobnih podataka u knjižničnoj djelatnosti.------------------------------------------------------------Right to privacy and protection of personal data in libraries: perspectives and documentsPrivacy as a legal concept is an unavoidable part of a modern democratic society and is recognized as one of the fundamental human rights of every citizen. The right to privacy and the protection of personal data are guaranteed by international human rights documents. In librarianship, the right to privacy and protection of personal data is also guaranteed in the documents of international library associations, which clearly emphasize that librarians are obliged in their work to protect the privacy and personal data of their users. Privacy and personal data are increasingly difficult to protect today, as access to data is simpler and easier due to the use of different and new information technologies, electronic communication, social networks, electronic databases, etc. Personal rights are guaranteed by international documents on protection of personal data and protected by national personal data protection laws. The main objectives of the paper are: to problematize the definition of the concept of privacy from several perspectives; problematize the importance of the right to privacy and protection of personal data in the context of the library profession; provide an overview of significant international documents in the field of human rights which also guarantee the right to privacy and protection of personal data; make a review of important international documents guaranteeing the right to protection and confidentiality of personal data; and finally, the paper will provide an overview of documents of international library associations that in their texts indicate the importance of privacy and protection of personal data in the library business.

scholarly journals Privacy and the concept of generations of human rights

2020 ◽  
pp. 255-258
Author(s):  
Taras Sofiiuk
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Human Life ◽  
Personal Data ◽  
Right To Privacy ◽  
Human Right ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
Personal Rights ◽  
The Right

The article studies the approaches to the concept of the «private sphere» of human life that are present in legal thought. Attentionhas been paid to the principles on the basis of which the human rights and freedoms in interstate relations are protected. The circumstancesthat are important for finding the optimal correlation between the human right to personal data protection and the right to informationare considered. The theoretical approaches to the concept of «three generations» of human rights that are present in legal thoughtare studied. The description of different generations of human rights is given. The discussions on the third generation of human rightswhich are ongoing and show that the list of human rights is not permanent and can be extended are considered. The consideration isgiven to the need to ensure human rights in the information society. Attention is paid to the issue of distinctive features of the «personalrights» category. It is indicated that personal rights are usually attributed to the so-called first generation of rights (in accordance withthe historical stages of affirmation of rights). The circumstances under which the right to respect for privacy arose are clarified. Thephenomenons that form the basis of the right to privacy of personal information and of the awareness of the concept of the «privatesphere» of human life are highlighted. The emergence of the right to respect for privacy as a broader category, which later became thebasis for the development of an independent legal institution of personal data is considered. The history of judicial approbation of thefirst concept of the right to privacy in the United States is reflected. The problematic aspects of legal formation of the right to privacyare considered. The position that is present in legal thought according to which it is advisable to divide the general problem of protectinghuman privacy into sectors that require separate legislative regulation is studied. It is stated that the «personal rights» category meansthat the subject has such acts that ensure his or her autonomy, priority of internal, individual guidelines. The measures that can help tosolve the problems related to finding an optimal correlation between the human right to personal data protection and the right to informationare proposed.

scholarly journals The right to respect private life in the context of the development of artificial intelligence

2021 ◽  
pp. 10-19
Author(s):  
Greta Angjeli ◽  
Besmir Premalaj
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Data Protection ◽  
Privacy Protection ◽  
Personal Data ◽  
Private Life ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Right

One of the fundamental human rights protected by various international conventions is the right to the protection of privacy, or as defined in the European Convention on Human Rights, the right to respect private and family life. Affiliated to this right is also the right to data protection, which is described by various authors as a modern derivation of the right to privacy protection. The protection of personal data in the context of privacy protection was jeopardized by the rapid and widespread of information technology, automated data processing and the risk of access to this data by unauthorized persons on the network. The legal regulation for the non-violation of the right to respect private life by the processing of personal data with automated systems was one of the challenges of many states which had to allow the use of artificial intelligence for the benefit of further economic and social development, at the same time they had to ensure the protection of the personal data of their citizens. In this context, the EU has issued another regulation on personal data protection (General Data Protection Regulation (EU) 2016/679). The purpose of this paper is to highlight the impact of artificial intelligence on the right to respect private life and the legal protection of personal data from misuse through artificial intelligence.

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