scholarly journals Ensuring the confidentiality of information about a person involved in criminal proceedings: selected issues and solutions

2021 ◽  
pp. 104-118
Author(s):  
Ya. O. Talyzina ◽  
I. A. Titko

The article highlights the problem of practical implementation of such a security measure that can be applied to participants in criminal proceedings, such as ensuring the confidentiality of personal information. It is analyzed the views diversity of investigators, prosecutors, judges and lawyers on the algorithm of application of ensuring the personal data confidentiality, on the issue of storage of resolutions (decisions) on the application of this security measure in criminal proceedings. The practice of conducting procedural actions in court with persons whose personal data have been changed is studied separately. The peculiarities of interrogation, identification with protected participants of criminal proceedings in the mode of videoconference and in a closed court session are studied. Previous attempts to solve this problem by developing a Model Instruction on conducting court proceedings with witnesses, victims and other participants in criminal proceedings, in respect of whom security measures have been taken, are considered. According to the analysis results of the domestic legislation on security of participants in criminal proceedings and identification of gaps, after conducting a survey of current investigators, prosecutors, judges and lawyers, the generalization of modern practice of criminal proceedings with the participation of protected persons is made. The purpose of this research is to formulate proposals for a unified and mandatory for all participants in criminal proceedings procedure for working with persons whose personal data are changed for security purposes at all stages of criminal proceedings.   The expediency of enshrining at the bylaw level in a separate normative legal act an algorithm for carrying out procedural actions in court with participants in criminal proceedings, which would meet the requirements of current legislation, including the provisions of the Data Summary constituting a state secret, is substantiated.

2012 ◽  
Vol 6 (2) ◽  
pp. 1-15 ◽  
Author(s):  
Ahmed Patel ◽  
Mona Taghavi ◽  
Joaquim Celestino Júnior ◽  
Rodziah Latih ◽  
Abdullah Mohd Zin

Wikis are social networking systems that allow users to freely intermingle at different levels of communication such as collaborative learning, chatting, and group communications. Although a great idea and goal, it’s particularly vulnerable due to its features of open medium and lack of clear plan of defense. Personal data can be misused for virtual insulting, resulting in misuse of personal information for financial gains or creating misuses. Wikis are an example of social computing of collaborative learning, joint editing, brain storming, and virtual socializing, which is a ripe environment for hacking, deception, abuse, and misuse. Thus, wiki needs comprehensive security measures which include privacy, trust, security, audit, and digital forensics to protect users and system resources. This paper identifies and explores the needs of secure social computing and supporting information systems as places for interaction, data collection, and manipulation for wikis. It does this by reviewing the literature and related works in proposing a safety measure framework for a secure and trustworthy medium together with privacy, audit, and digital forensic investigative functions in wiki environments. These then can aid design and usage in social computing environments with the proviso to give comfort and confidence to users without worrying about abuse and cybercrime perpetrated activities.


Threats involve various risks and threats are associated with the embedded SIM technology, for instance, the Internet of things (IoT) identity. IoT refers to the working capabilities enabling the allocation of unique identifiers (UID) to effectively connect with the related devices thus enhancing communication. An e-SIM application cannot produce reliable and actual data used to obtain the subscriber’s anticipated outcome. The SIM technology does not provide some reliable data that can be employed by the user to formulate some serious productive outcomes. Failure by the technology to process and automatically provide the user with the notification suppose of any infringement or hacking. SIM-jacking is the other notable threats facing the embedded universal integrated connectivity card (e-UICC). Incompetent Log Rhythm Al Engine influences the fraudster hacking experience due to failure protections within the operational surrounding. The e-SIM technology system lacks timely threat, risk, and other various vital operations predictability to react to the experienced unbearable operations challenges induced by the fraudsters. Similarly, the embedded SIM incurs the insider threats whereby the service providers fail to secure the much-needed privacy concerning an individual’s vital information. The situations of personal data leakage are witnessed within the system operations.The e-SIM hijacking enables the fraudsters to secretly obtain the victim’s vital data of the subscriber, hijack, and receive the information intended to the individual to his/her personal phone. The process results to complete mobile account operations by the hacker resulting to further access to the victim’s bank information and transfer of cash. The other threat experienced by e-SIM users is the provision of false information. The SIM subscribers normally fall into traps of the fraudsters by receiving short messages (SMS) citing assistance kind of news from the service providers, thus drawing the victim’s bank amount. Identity fraud and device poisoning are other additional threats encountered in the application of e-SIM. Generally, the entire process of fraud invasion and victimization influence the victim’s business decisions of the affected individuals. Protections focuses on the embedded SIM provides greater security in addition to a re-programmable technological system, unlike the physical SIM card. The subscriber's personal information is not contained within the e-SIM but with the service providers, thus enhancing its effectiveness. An e-SIM enables the consumers to effectively shift carriers between the T-Mobile and Sprint without physical movement, thus supportive of security systems. Despite the security measures put into place, e-SIM like any other SIM card experiences information theft. Therefore, the service providers should encounter the emerging fraudster effects by proper monitoring of the network system to enable security restrictions. The system should induce strict conditions that enable the evaluation and differentiation between the IoT and the non-IoT devices during their operation.


2019 ◽  
pp. 93-102
Author(s):  
Oleksandr Biryukov

This article focuses on the analysis of certain aspects of the application of security measures in liquidation procedure governed by Bankruptcy Law. Arrest of property (according to Ukrainian legislation terminology — a seizure of property) as a temporary tool of enforcing future court decisions is a fairly popular legal tool to protect the parties’ property interests in money disputes. In modern court practice application of this legal remedy creates some difficulties, particularly, in bankruptcy cases. When administering these cases, the judges sometimes consider petitions regarding imposing arrests of property or freeing restrictions over the property imposed in civil, administrative and criminal cases. In such situations, there is a need to answer a question whether the commercial court in a bankruptcy case has a power to free arrests or other restrictions on using the property imposed by other courts. Current legislation i.e. both procedural law and bankruptcy law does not contain clear rules on how the judges should aсt in such situations. Different approaches to the application of bankruptcy proceedings regarding arrest of property influence the court practice in general. Some economic courts establish that the release of the debtor’s assets from bans and arrests during the bankruptcy proceeding is totally in accordance with the current law, other courts rule that commercial procedural code does not allow to free property from arrest imposed, for example, in civil cases as this arrest is done by civil procedural law. Arrests attached in the criminal proceedings have different nature and purpose. It is known that in most cases in the criminal law property arrest serves as means to ensure possible future confiscation of property that may have been obtained in an illegal way. During such court proceedings a special review is conducted in order to discover whether property in acquired legally. Therefore, in order to cancel arrest of the property the procedure should be exercised in accordance with the rules of the criminal proceedings. However, while imposing new arrests of property in criminal proceedings it should be taken into account that the legal status of a person who was declared bankrupt has changed, i.e. he is deprived of the right to dispose the property which becomes a subject for sale at public tenders. The main conclusion of this article is that existence of certain different approaches to application of security measures in different court proceedings can be explained by the fact that during the development of procedural laws the nature of insolvency relations and the peculiarities of the legal mechanisms used in bankruptcy cases were not fully taken into account.


Author(s):  
Nicoleta-Elena Buzatu ◽  
Andreea Uzlău

This work analyses the recent regulation, which amends the current and the futureCriminal Code, in the sense of establishing, as a new security measure, the extended seizure.Analyzing the provisions of the regulation, the authors indicates, the necessity to amend theCriminal Procedure Code is underlined, with the purpose of ensuring the regulationoperability within the criminal proceedings.


2021 ◽  
Vol 12 (2) ◽  
pp. 86-93
Author(s):  
Vira Navrotska ◽  

The existence of significant reserves for the improvement of Ukraine’s domestic legislation norms in the issues of the criminal-procedural guarantees of the safety of the participants of the criminal proceedings strengthening has been stated. The need to expand the list of participants in criminal proceedings to whom security measures may be applied has been proved, due to including: a) persons who have declared another public dangerous act or otherwise participated in or facilitated the revealing, prevention, termination, or disclosure of another public dangerous act; b) civil plaintiffs, civil defendants and their representatives in cases of compensation for damage caused by other public dangerous acts; c) persons, who have committed another socially dangerous act prohibited by the Criminal Code of Ukraine; d) persons regarding which a decision to close criminal proceedings has been made (if they have not facilitated the revealing, termination or disclosure of criminal offenses or other public dangerous acts); e) convicted / acquitted; f) mortgagors; g) figurants. It is stated, that post-criminal impact on a participant in the proceedings is possible not only by causing harm to himself, family members, or close relatives but also by causing harm to any other person (with whom the participant is not connected by any family or close relations). It is proved, that post-criminal impact on a participant in the proceedings can manifest not only in the form of threats and other illegal measures but also do not formally go beyond the law.


Author(s):  
Austris Siliņš

Latvijā pēc kriminālprocesu izbeigšanas tiesībsargājošo iestāžu deponēto līdzekļu kontos tiek ilgstoši uzglabāti naudas atlikumi, kurus tiesiskā regulējuma dēļ nav iespējams novirzīt paredzētajam mērķim, proti, atdot naudas devējam vai ieskaitīt šos naudas līdzekļus valsts budžetā. Kā viens no drošības līdzekļu veidiem kriminālprocesā tiek piemērota drošības nauda. Drošības nauda tiek izraudzīta arī likumā minētajos gadījumos, kad lemj par apcietinājuma piemērošanu. Kriminālprocesa laikā izņemto naudu un drošības naudu ieskaita tiesībsargājošo iestāžu deponēto līdzekļu kontos. Tiesībsargājošās iestādes, kurām izveidoti šādi konti, atbilstoši procesa virzītāja nolēmumiem veic kontā iemaksātās kriminālprocesā izņemtās naudas un drošības naudas atmaksu vai iemaksu valsts budžetā. Nosakot konkrētas darbības, kas jāveic ar naudu, kas atrodas deponēto līdzekļu kontos, likumdevējs nav paredzējis vienotu procesu, kā nauda atdodama. Problēmsituācija rodas arī tādēļ, ka ne vienmēr ir iespējams naudu atdot tās devējam. Rakstā tiek pētīts tiesiskais regulējums, kādas ir iestādes tiesības rīkoties ar šo naudu, un sniegti priekšlikumi normatīvā regulējuma pilnveidošanai, lai šo situāciju uzlabotu un deponēto līdzekļu kontos ilgstoši neglabātos naudas atlikumi. In Latvia, cash balances are stored for a long time in institutions deposited funds accounts, in terminated criminal proceedings, which within the legal framework cannot be directed to the intended purpose, namely, to return the money to the lender or transfer it to the state budget. As one of the types of security measures, a security deposit is applicable in criminal proceedings. The security deposit is also selected in the cases referred to in the law, when it is decided on the application of a security measure – detention. Money withdrawn in criminal proceedings and security money shall be credited to the accounts of funds deposited by law enforcement authorities. Law enforcement authorities to which such accounts have been established shall, in accordance with the decisions of the person conducting the proceedings, reimburse the withdrawn money and security deposit paid into the account or deposit it into the state budget. When determining specific actions to be performed with money held in deposited funds accounts, the legislator has not provided for a unified process by how money shall be returned, as well as a problem situation arises because it is not always practically possible to return money to the lender. The article will study the legal framework how the institution is entitled to dispose of this money, and provide proposals for improving the regulatory framework to improve the current situation, as a result, funds would not be stored in the deposited funds accounts for a long time.


2021 ◽  
Vol 21 (1) ◽  
pp. 1-24
Author(s):  
Tanusree Sharma ◽  
Hunter A. Dyer ◽  
Masooda. Bashir

Mobile apps have transformed many aspects of clinical practice and are becoming a commonplace in healthcare settings. The recent COVID-19 pandemic has provided the opportunity for such apps to play an important role in reducing the spread of the virus. Several types of COVID-19 apps have enabled healthcare professionals and governments to communicate with the public regarding the pandemic spread, coronavirus awareness, and self-quarantine measures. While these apps provide immense benefits for the containment of the spread, privacy and security of these digital tracing apps are at the center of public debate. To address this gap, we conducted an online survey of a midwestern region in the United State to assess people’s attitudes toward such apps and to examine their privacy and security concerns and preferences. Survey results from 1,550 participants indicate that privacy/security protections and trust play a vital role in people’s adoption of such apps. Furthermore, results reflect users’ preferences wanting to have control over their personal information and transparency on how their data is handled. In addition, personal data protection priorities selected by the participants were surprising and yet revealing of the disconnect between technologists and users. In this article, we present our detailed survey results as well as design guidelines for app developers to develop innovative human-centered technologies that are not only functional but also respectful of social norms and protections of civil liberties. Our study examines users’ preferences for COVID-19 apps and integrates important factors of trust, willingness, and preferences in the context of app development. Through our research findings, we suggest mechanisms for designing inclusive apps’ privacy and security measures that can be put into practice for healthcare-related apps, so that timely adoption is made possible.


2019 ◽  
pp. 40-46 ◽  
Author(s):  
V.V. Savchenko ◽  
A.V. Savchenko

We consider the task of automated quality control of sound recordings containing voice samples of individuals. It is shown that in this task the most acute is the small sample size. In order to overcome this problem, we propose the novel method of acoustic measurements based on relative stability of the pitch frequency within a voice sample of short duration. An example of its practical implementation using aninter-periodic accumulation of a speech signal is considered. An experimental study with specially developed software provides statistical estimates of the effectiveness of the proposed method in noisy environments. It is shown that this method rejects the audio recording as unsuitable for a voice biometric identification with a probability of 0,95 or more for a signal to noise ratio below 15 dB. The obtained results are intended for use in the development of new and modifying existing systems of collecting and automated quality control of biometric personal data. The article is intended for a wide range of specialists in the field of acoustic measurements and digital processing of speech signals, as well as for practitioners who organize the work of authorized organizations in preparing for registration samples of biometric personal data.


2020 ◽  
Author(s):  
Cátia Santos-Pereira

BACKGROUND GDPR was scheduled to be formally adopted in 2016 with EU member states being given two years to implement it (May 2018). Given the sensitive nature of the personal data that healthcare organization process on a 24/7 basis, it is critical that the protection of that data in a hospital environment is given the high priority that data protection legislation (GDPR) requires. OBJECTIVE This study addresses the state of Public Portuguese hospitals regarding GDPR compliance in the moment of GDPR preparation period (2016-2018) before the enforcement in 25 May 2018, and what activities have started since then. The study focuses in three GDPR articles namely 5, 25 and 32, concerning authentication security, identity management processes and audit trail themes. METHODS The study was conducted between 2017 and 2019 in five Portuguese Public Hospitals (each different in complexity). In each hospital, six categories of information systems critical to health institutions were included in the study, trying to cover the main health information systems available and common to hospitals (ADT, EPR, PMS, RIS, LIS and DSS). It was conducted interviews in two phases (before and after GDPR enforcement) with the objective to identify the maturity of information systems of each hospital regarding authentication security, identity management processes and traceability and efforts in progress to avoid security issues. RESULTS A total of 5 hospitals were included in this study and the results of this study highlight the hospitals privacy maturity, in general, the hospitals studied where very far from complying with the security measures selected (before May 2018). Session account lock and password history policy were the poorest issues, and, on the other hand, store encrypted passwords was the best issue. With the enforcement of GDPR these hospitals started a set of initiatives to fill this gap, this is made specifically for means of making the whole process as transparent and trustworthy as possible and trying to avoid the huge fines. CONCLUSIONS We are still very far from having GDPR compliant systems and Institutions efforts are being done. The first step to align an organization with GDPR should be an initial audit of all system. This work collaborates with the initial security audit of the hospitals that belong to this study.


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