scholarly journals Memória e esquecimento no mundo virtual: os mesmos fios tecendo uma nova trama? │ Memory and forgetting in the virtual world: the same thread weaving a new tapestry?

2015 ◽  
Vol 11 (1) ◽  
Author(s):  
Georgete Medleg Rodrigues ◽  
Eliane Braga de Oliveira
Keyword(s):  
European Union ◽  
Virtual World ◽  
Digital Environment ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Digital World ◽  
Right To Be Forgotten ◽  
The Subject ◽  
Right To Information ◽  
The Right

RESUMO O “direito ao esquecimento” tem sido destaque na mídia brasileira nos últimos anos.  Alguns casos levados aos tribunais confrontam o “direito à privacidade”, “direito à informação” e “direito ao esquecimento”. O artigo contextualiza a emergência do “direito ao esquecimento” no ambiente digital e seus desdobramentos, analisando documentos da União Europeia e da Unesco, e sistematiza as reflexões de alguns autores sobre a questão da memória e do esquecimento e suas implicações no mundo virtual. Destaca a diversidade de aspectos que envolvem o tema, considerando a sua aparição recente como objeto de preocupação, antes mais focada na memória digital.Palavras-chave: Direito ao Esquecimento; Memória; Direito à Informação; Mundo Digital.    ABSTRACT The “right to be forgotten” has been featured in Brazilian media in recent years. Some cases brought before the courts confront the “right to privacy”, "right to information" and “right to be forgotten”. The article analyzes the emergence of the “right to be forgotten” in the digital environment and its consequences, researching European Union and Unesco documents. It also examines the reflections of some authors on the subject of memory and forgetting, and its implications in the virtual world. The article highlights the diversity of aspects involved in the issue, and considers its recent appearance as a matter of concern, more focused previously on digital memory.Keywords: Right to be Forgotten; Memory; Right to Information; Digital World.

AN UPDATE ON THE RIGHT TO BE FORGOTTEN AS A PRINCIPLE OF PERSONAL DATA PROTECTION IN EUROPEAN UNION

2021 ◽  
pp. 99-109
Author(s):  
MARIJANA MLADENOV ◽  
JELENA STOJŠIĆ DABETIĆ
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
The European Union ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
Right To Be Forgotten ◽  
The Right

Should we consider the right to be forgotten as a threat to free speech or the mechanism of the right to privacy? This most controversial element of the right to privacy and personal data protection caused the global debate on privacy and freedom of speech. Despite the fact that the right to be forgotten is codified in Article 17 of the General Data Protection Regulation and that fundamental postulates of this right were defined in Google v. Spain, there still remain unresolved issues. In order to gain a clear idea of the content of the right to be forgotten, as the principle of data protection in accordance with the latest European perspective, the subject matter of the paper refers to analyses of the developments of this right in the light of relevant regulations, as well as of the jurisprudence of the Court of Justice of the European Union (CJEU). The article firstly provides an overview of the concept of the right to be forgotten, from the very early proposals that gave rise to it, to the latest ones contained in recent regulations. Furthermore, the special attention is devoted to the new standards of the concept of the right to be forgotten from the aspect of recent rulings of the CJEU, GC et al v. CNIL and CNIL v. Google. Within the concluding remarks, the authors highlight the need for theoretical innovation and an adequate legal framework of the right to be forgotten in order to fit this right within the sociotechnical legal culture. The goal of the article is to provide insight regarding the implementation of the right to be forgotten in the European Union and to identify the main challenges with respect to the issue.

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).

scholarly journals The Right to Information: Whether or not to Publish Information on Salaries of Employees Paid from Public Funds

2016 ◽  
Vol 1 (1) ◽  
pp. 96-101
Author(s):  
Kateřina Frumarová
Keyword(s):  
Public Authority ◽  
Right To Privacy ◽  
Public Funds ◽  
The Right To Privacy ◽  
Democratic State ◽  
Right To Information ◽  
The Right

The right to information is an important instrument for a control of public authority in any democratic state. Ocasionally, however, there may be a conflict between this right and the  right to privacy. In this context, the Czech Supreme Administrative Court was tasked with  solving the question of whether information on the salaries of employees who are paid from  public funds can be published.

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.

Virtual Currencies: New Challenges to the Right to Privacy? An Assessment under the V AML Directive and the GDPR

Global Jurist ◽  
2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Sara De Vido
Keyword(s):  
European Union ◽  
Money Laundering ◽  
Right To Privacy ◽  
Human Right ◽  
General Data Protection Regulation ◽  
Terrorist Financing ◽  
The Right To Privacy ◽  
General Data ◽  
New Challenges ◽  
The Right

AbstractThe purpose of this article is to analyse virtual currencies, with specific regard to Bitcoins, in light of a specific human right, the right to privacy. In the first part, this contribution will reflect on the effectiveness of the Fifth European Union Anti-Money Laundering Directive (V AML Directive) in ‘regulating’ the exchange between fiat and virtual currencies for the purpose of anti-money laundering and counter-terrorist financing. In the second part, it will explore whether the General Data Protection Regulation (GDPR) is applicable or not to the virtual currencies network.

The Right to Respect for Private Life

2020 ◽  
pp. 46-67
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Right To Information ◽  
The Right ◽  
To Receive

This chapter considers the right of the child to respect for private life from the perspective of three interrelated, but distinct, aspects. First, it considers the Court’s case law concerning the right to privacy, and the protection of one’s image. Second, it examines the development of the Court’s approach to the right to receive information—this ranges from rather conservative and paternalistic beginnings to a more robust protection of freedom of expression. Finally, the chapter analyses the Court’s jurisprudence concerning the right to identity, including the right to information on origins and rights concerning the naming of children and their citizenship.

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 ANTI-TERRORISM AND THE RIGHT TO PRIVACY IN THE COMMUNITY LAWS OF THE EUROPEAN UNION

2013 ◽  
Vol 4 (1) ◽  
pp. 263-283
Author(s):  
Hanna RUTKIEWICZ
Keyword(s):  
European Union ◽  
The European Union ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

Rozwijające się przez stulecia koncepcje wolności i godności człowieka wpłynęły na ujmowanie pojęcia prywatności, a także kształt jej formalnoprawnej ochrony. W opracowaniu podjęto analizę wpływu przepisów wspólnotowych służących przeciwdziałaniu terroryzmowi, funkcjonujących w Unii Europejskiej, na sferę prywatną jednostki, skupiając się przede wszystkim na problematyce ochrony danych osobowych. W tym kontekście jednym z zadań, zarówno prawodawstwa, jak i polityki wspólnotowej, stało się obecnie złagodzenie antynomii dostrzegalnej pomiędzy potrzebami w zakresie zapewnienia bezpieczeństwa i ochrony społeczeństwa przed terroryzmem z jednej strony a zabezpieczeniem jednostki i społeczności przed coraz częstszymi naruszeniami prywatności związanymi z wykonywaniem regulacji antyterrorystycznych z drugiej strony.

scholarly journals Citizens’ Right to Privacy and Right to Information Access in Smart Cities: Evaluating the Smart City Initiative of West Baltimore

2021 ◽  
Author(s):  
Sunyup Park
Keyword(s):  
Smart City ◽  
Smart Cities ◽  
Information Access ◽  
Lower Income ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Communities Of Color ◽  
Right To Information ◽  
The Right

This paper will detail smart city initiatives in West Baltimore and evaluate different approaches to ensure the right to privacy and the right to information access of lower-income communities of color. After evaluating these approaches, this paper proposes recommendations to facilitate the right to privacy and the right to information access in lower-income communities.

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