The Relationship between Data Protection and the Right to Privacy and the Prospects of These Rights to Counterbalance the Risks Posed by the Surveillance Society

2017 ◽  
Author(s):  
Maryna Manteghi
Keyword(s):  
Data Protection ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Surveillance Society ◽  
The Right ◽  
The Relationship

scholarly journals Legislative Advances in the General Data Protection Law

2021 ◽  
pp. 1-5
Author(s):  
Tricia Bogossian ◽  
Keyword(s):  
Data Protection ◽  
Research Problem ◽  
Technological Evolution ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
General Data ◽  
Data Protection Law ◽  
General Aspects ◽  
The Right ◽  
The Relationship

This study aims to verify whether the protection provided by the General Data Protection Law (LGPD) has been shown to be sufficient to safeguard the fundamental right to privacy in times when technological evolution is progressing and how compliance regulations can help in this context. Therefore, it addresses the right to privacy in the information society; explains the relationship between technological evolution and information security; and exposes general aspects of the LGPD. As a methodology, the theoretical-dogmatic research was used, considering that a literature review on doctrines and legislation was carried out in order to answer the research problem.

scholarly journals Dua Sisi Gelap Covid-19 : Dilematis Antara Keterbukaan Data Identitas Penderita Covid-19 Dan Transparansi Data Publik Dalam Rangka Menekan Stigmatisasi

2021 ◽  
Vol 1 (2) ◽  
pp. 73-85
Author(s):  
Yohanes Firmansyah ◽  
Imam Haryanto
Keyword(s):  
Information Disclosure ◽  
Human Life ◽  
Psychological Impact ◽  
Health Economy ◽  
Privacy Rights ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right ◽  
The Impact ◽  
The Relationship

The Covid-19 case has had a huge influence on all aspects of human life, starting from health, economy, sosial, law, and many more. The COVID-19 pandemic has caused various frictions between various interests, one of which is a clash between individual interests and community interests. One of the obvious things about this problem is regarding the impact of COVID-19 in the field of sociology, especially the relationship between individuals, especially the issue of community stigmatization regarding infectious diseases, the dilemma between the privacy rights of the identity of COVID-19 patients and the disclosure of publik data on COVID-19 patients with various risks will injure and cause multiple material and immaterial losses. On the other hand, Covid-19 also raises various sosial-psychological problems and legal problems that still do not regulate all aspects of human life. This paper describes the sociological elements of COVID-19, the right to privacy, publik information disclosure, and the sosial-psychological impact of COVID-19, along with a juridical review of the right to privacy and publik disclosure of information regarding the transparency of COVID-19.

scholarly journals Personas datu aizsardzības mērķis un tiesiskā regulējuma vēsturiskā attīstība

2019 ◽  
Vol 1 (13) ◽  
pp. 104-109
Author(s):  
Agnese Reine-Vītiņa
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
European Countries ◽  
Population Census ◽  
Federal Republic Of Germany ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Government ◽  
The Right

Mūsdienās tiesības uz privāto dzīvi nepieciešamas ikvienā demokrātiskā sabiedrībā, un šo tiesību iekļaušana konstitūcijā juridiski garantē fiziskas personas rīcības brīvību un vienlaikus arī citu – valsts pamatlikumā noteikto – cilvēka tiesību īstenošanu [5]. Personas datu aizsardzības institūts tika izveidots, izpratnes par tiesību uz personas privātās dzīves neaizskaramību saturu paplašinot 20. gadsimta 70. gados, kad vairāku Eiropas valstu valdības uzsāka informācijas apstrādes projektus, piemēram, tautas skaitīšanu u. c. Informācijas tehnoloģiju attīstība ļāva arvien vairāk informācijas par personām glabāt un apstrādāt elektroniski. Viena no tiesību problēmām bija informācijas vākšana par fizisku personu un tiesību uz privātās dzīves neaizskaramību ievērošana. Lai nodrošinātu privātās dzīves aizsardzību, atsevišķas Eiropas valstis pēc savas iniciatīvas pieņēma likumus par datu aizsardzību. Pirmie likumi par personas datu aizsardzību Eiropā tika pieņemti Vācijas Federatīvajā Republikā, tad Zviedrijā (1973), Norvēģijā (1978) un citur [8, 10]. Ne visas valstis pieņēma likumus par datu aizsardzību vienlaikus, tāpēc Eiropas Padome nolēma izstrādāt konvenciju, lai unificētu datu aizsardzības noteikumus un principus. Nowadays, the right to privacy is indispensable in every democratic society and inclusion of such rights in the constitution, guarantees legally freedom of action of a natural person and, simultaneously, implementation of other human rights established in the fundamental law of the state. The institute of personal data protection was established by expanding the understanding of the content of the right to privacy in the 70’s of the 19th century, when the government of several European countries initiated information processing projects, such as population census etc. For the development of information technology, more and more information on persons was kept and processed in electronic form. One of the legal problems was gathering of information on natural persons and the right to privacy. In order to ensure the protection of privacy, separate European countries, on their own initiative, established a law on data protection. The first laws on the protection of personal data in Europe were established in the Federal Republic of Germany, then in Sweden (1973), Norway (1978) and elsewhere. Not all countries adopted laws on data protection at the same time, so the Council of Europe decided to elaborate a convention to unify data protection rules and principles.

scholarly journals Authoritarianism and privacy: The moderating role of terrorism

2017 ◽  
Vol 15 (3/4) ◽  
pp. 573-581 ◽  
Author(s):  
Gareth Norris
Keyword(s):  
Survey Data ◽  
Civil Liberties ◽  
Social Attitudes ◽  
Right Wing ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right ◽  
The Relationship ◽  
Moderating Role

The resurgence in interest in authoritarianism has been linked to a rise in the acceptance of right-wing ideology and also restrictions on civil liberties, particularly in relation to surveillance and the right to privacy. Whilst we can observe simple correlations between these variables, the dynamics of threat are more complex to understand. The analysis reported here demonstrates how the relationship between authoritarianism and the curtailment of civil liberties is moderated by the threat of terrorism. Using 2005 British Social Attitudes survey data, collected either side of the 7/7 bombings, comparisons between the pre-post samples indicate that the threat of terrorism activates authoritarian tendencies and reduces the protection of rights to privacy from government. Interestingly and importantly, reactions to terrorism in the form of a change in opinion regarding civil liberties for those scoring higher in authoritarianism remained almost constant between the two periods. The results provide support for understanding how minority opinions (removal of rights to privacy) can become majority views during times of threat.

scholarly journals Data protection rules in the united states legal system

2020 ◽  
pp. 481-484
Author(s):  
Araz Poladov
Keyword(s):  
United States ◽  
Legal System ◽  
Data Protection ◽  
Data Privacy ◽  
Practical Importance ◽  
Personal Data ◽  
The United States ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

Purpose of research: define the general characteristics of the protection of personal data; analysis of legislation and case law.Methods of research: analysis and study of regulatory documents containing provisions on protection of personal data.Results: normative and practical importance of personal data protection provisions in various legal acts has been underscored.The right to privacy strengthened its position in the United States in the late 19th century and is now recognized by most States.Although the right to privacy in the United States was originally a British political legacy, judicial decisions in England were more conservativeand cautious than those of U.S. courts. One of the important features of this law in the Anglo-Saxon legal system is that itwas previously formed by judicial precedents and legal doctrine. Also, the right to privacy was not among the rights provided for in theBill of Rights. In general, there is an industry-wide approach to data privacy in the United States. There is no specific federal law thatwould guarantee the confidentiality and protection of personal data. Instead, legislation at the federal level is dispersed and aims to protectdata in certain sectors. Judicial practice and court decisions taken at different times play an important role in regulating personaldata protection in the United States. It is also worth mentioning that until the 1970s, decisions of the U.S. courts did not provide thenecessary privacy protection safeguards.Discussion: offering a comprehensive and detailed study and use of this practice in other states.

scholarly journals Uchybienie przepisom o ochronie danych osobowych jako naruszenie dobra osobistego – analiza na przykładzie orzecznictwa Sądu Najwyższego

2019 ◽  
pp. 245-259
Author(s):  
Bernard Łukanko
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Right To Privacy ◽  
Professional Literature ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
General Data ◽  
The Right ◽  
Personal Interests

The study is concerned with the issue of mutual relationship between the failure to comply with the laws on personal data protection and regulations relating to the protection of personal interests, including in particular the right to privacy. The article presents the views held by the Supreme Court with respect to the possibility of considering acts infringing upon the provisions of the Personal Data Protection Act of 1997 (after 24 May 2018) and of the General Data Protection Regulation (after 25 May 2018) as violation of personal interests, such as the right to privacy. The author shared the view of the case law stating that, if in specifc circumstances the processing of personal data violates the right to privacy, the party concerned may seek remedy on the grounds of Articles 23 and 24 of the Polish Civil Code. This position isalso relevant after the entry into force of the GDPR which, in a comprehensive and exhaustive manner, directly applicable in all Member States, regulates the issue of liability under civil law for infringements of the provisions of the Regulation, however, according to the position expressed in professional literature, it does not exclude the concurrence of claims and violation of the provisions on the protection of personal interests caused by a specifc event. In case of improper processing of personal data, the remedies available under domestic law on the protection of personal interests may be of particular importance outside the subject matter scope of the GDPR applicability. 

scholarly journals Privacy Types

2021 ◽  
Vol 2 (1) ◽  
pp. 52-58
Author(s):  
Majeed Mohamed Fareed Majeed
Keyword(s):  
Theoretical Basis ◽  
Personal Data ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Phone Calls ◽  
The Right To Know ◽  
Use Of The Internet ◽  
The Right ◽  
The Relationship ◽  
Privacy Issues

The right to privacy is one of the most problematic rights. In the absence of any consensus on a clear theoretical basis for the concept of privacy; there is hardly a link, reliable, between the various issues and topics, which are included under this right. Privacy claims are used to defend rights that seem quite divergent, such as the right not to be monitored by phone calls, and the right to know what a telecom company keeps of personal data for its customers. The absence of a clear theoretical basis for the right to privacy is exacerbated by the fact that it is exposed to multiple dangers in the era of the massive expansion of the use of the Internet and the development of its applications. The actuality of material, described in the article, conditioned the urgent necessities of society simply to settle a question about privacy types and their appliance in the society. Theoretical and legal conversations about the relationship between taws and privacy were investigated in the article. This paper makes a contribution to a forward-looking privacy framework by examining the privacy impacts of six new and emerging technologies. It examines the privacy issues that each of these technologies present and contends that there are seven distinct sorts of privacy. This contextual investigation data propose that a loose conceptualization of privacy might be important to keep up a smoothness that empowers new measurements of privacy to be identified, that will be understood and addressed so as to adequately react to quick technological evolution.

scholarly journals The Right to Privacy—A Fundamental Right in Search of Its Identity: Uncovering the CJEU’s Flawed Concept of the Right to Privacy

2019 ◽  
Vol 20 (05) ◽  
pp. 722-733 ◽  
Author(s):  
Valentin M. Pfisterer
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Fundamental Rights ◽  
The Political ◽  
Strong Impact ◽  
Right To Privacy ◽  
Eu Member States ◽  
The Right To Privacy ◽  
The Right ◽  
The Eu

AbstractIn recent years, the CJEU has impressively brought to bear the protection of the fundamental rights to privacy and protection of personal data as contained in the CFREU. The Court’s decisions in the Digital Rights, Schrems, Tele2, and PNR cases have reshaped the political and legal landscape in Europe and beyond. By restricting the powers of the governments of EU Member States and annulling legislative acts enacted by the EU legislator, the decisions had, and continue to have, effects well beyond the respective individual cases. Despite their strong impact on privacy and data protection across Europe, however, these landmark decisions reveal a number of flaws and inconsistencies in the conceptualization of the rights to privacy and protection of personal data as endorsed and interpreted by the CJEU. This Article identifies and discusses some of the shortcomings revealed in the recent CJEU privacy and data protection landmark decisions and proposes to the CJEU a strategy aimed at resolving these shortcomings going forward.

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