scholarly journals DOZÓR ELEKTRONICZNY

2017 ◽  
Vol 5 (2) ◽  
pp. 197
Author(s):  
Krzysztof Dyl ◽  
Grzegorz Janicki
Keyword(s):  
United Kingdom ◽  
Electronic Monitoring ◽  
Monitoring Program ◽  
Probation Officers ◽  
Negative Consequences ◽  
House Arrest ◽  
The Right To Privacy ◽  
Human Contact ◽  
The 1960S ◽  
The Right

Electronic MonitoringSummaryThe main reason for bringing up the idea of electronic monitoring program is not only the bill submitted by a group of members of parliament, but also its advantages for offenders and the society.The concept of electronic monitoring of offenders, first conceived by an American psychologist, Dr. Robert Schweitzgebel in the 1960s, has been developed and implemented in many countries (USA, Canada, the United Kingdom, Australia, New Zealand, Singapore, South Africa, Sweden and Holland.) Programs based on electronic monitoring provide offenders with a more human contact and give opportunities for rehabilitation and reintegration. Electronic monitoring can be used on a number of offenders and suspect groups and situations, including pre-trial defendants, defendants on a conditional release and convicts on probation, parole or house arrest. Electronic monitoring also seems to be an efficient way to keep the budgets under control.The article presents the main problems connected with the idea of electronic monitoring, such as: technical and criminological aspects, aspects related to human rights - the right to privacy, the right to equality - influence on the offender’s family, chances to avoid negative consequences of incarceration. It is certain that bringing electronic monitoring program into effect in Poland should be preceded by a thorough analysis of programs already introduced in other countries - that is why the article tries to compare and contrast programs effective in some of the countries (United Kingdom, Germany, United States, Australia). Furthermore the article presents opinions on the electronic monitoring expressed by Polish probation officers and penal judges as well as their hopes and anxieties.

ELECTRONIC MONITORING OF SENTENCED PERSONS IN SLOVAK LEGAL PRACTICE

2020 ◽  
Vol 10 (6) ◽  
pp. 13-30
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Electronic Monitoring ◽  
Slovak Republic ◽  
Legal Practice ◽  
Fourth Section ◽  
Applicable Law ◽  
The Third ◽  
The Right To Privacy ◽  
Good Investment ◽  
Civil Proceedings ◽  
The Right

The work deals with practical issues of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into seven sections. The first section deals with applicable law - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments. The second section analyses types of the control of the enforcement of decisions and their use. The third section introduces the requirements for the control. The fourth section briefly introduces the application of the system in civil proceedings. The fifth section points out at the interference of the control with the right to privacy. The sixth section answers the question if the system was a good investment or a wasting of money. The last seventh section introduces recommendations for policymakers and legal practitioners.

19. Breach of confidence: Trade secrets and private information

2019 ◽  
pp. 483-512
Author(s):  
Stavroula Karapapa ◽  
Luke McDonagh
Keyword(s):  
United Kingdom ◽  
Private Information ◽  
Technical Information ◽  
European Convention ◽  
Trade Secrets ◽  
The Right To Privacy ◽  
Common Definition ◽  
The United Kingdom ◽  
Definition Of ◽  
The Right

This chapter studies breach of confidence. In the United Kingdom, the area of breach of confidence has traditionally been used to protect ideas and information, including trade secrets. The doctrine of breach of confidence is judge-made law, rooted in equitable principles. In consequence, it has developed in a piecemeal, and sometimes contradictory fashion, so that the rationale for the action has not always been clear. Nevertheless, the law of confidence is broad enough in the United Kingdom to encompass: the common definition of a trade secret (commercial, usually technical information); personal, private information which may also have a commercial value (including information which may be protected under the right to privacy under Art. 8 of the European Convention on Human Rights (ECHR)); and information protected by the state. The chapter then looks at the role of trade secrets in intellectual property law and considers the EU Trade Secrets Directive.

scholarly journals Balancing the right to privacy and freedom of expression: Re-evaluating Hosking v Runting in the light of recent developments in English privacy law

2021 ◽  
Author(s):  
◽  
Abby Ward
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Freedom Of Expression ◽  
Public Places ◽  
The Right To Privacy ◽  
Privacy Law ◽  
The United Kingdom ◽  
Recent Developments ◽  
Potential Impact ◽  
The Right

<p>This paper examines the potential impact of recent English privacy jurisprudence on the New Zealand tort of privacy. The paper contrasts the New Zealand Court of Appeal’s aversion towards an over-expansive privacy right expressed in Hosking v Runting with an increasing readiness to override freedom of expression in favour of privacy interests in the United Kingdom. Three central conflicts in the courts’ reasoning are addressed in detail, namely privacy’s relationship with public places, individuals with public profiles and mediums of publication. While developments in English privacy law highlight reasoning flaws and theoretical shortcomings in Hosking, the increasing influence European jurisprudence on English law may nevertheless justify some divergence in the two jurisdictions’ balancing of privacy and freedom of expression.</p>

scholarly journals Balancing the right to privacy and freedom of expression: Re-evaluating Hosking v Runting in the light of recent developments in English privacy law

2021 ◽  
Author(s):  
◽  
Abby Ward
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
Freedom Of Expression ◽  
Public Places ◽  
The Right To Privacy ◽  
Privacy Law ◽  
The United Kingdom ◽  
Recent Developments ◽  
Potential Impact ◽  
The Right

<p>This paper examines the potential impact of recent English privacy jurisprudence on the New Zealand tort of privacy. The paper contrasts the New Zealand Court of Appeal’s aversion towards an over-expansive privacy right expressed in Hosking v Runting with an increasing readiness to override freedom of expression in favour of privacy interests in the United Kingdom. Three central conflicts in the courts’ reasoning are addressed in detail, namely privacy’s relationship with public places, individuals with public profiles and mediums of publication. While developments in English privacy law highlight reasoning flaws and theoretical shortcomings in Hosking, the increasing influence European jurisprudence on English law may nevertheless justify some divergence in the two jurisdictions’ balancing of privacy and freedom of expression.</p>

The Child Abuse Reporting Laws: An Ethical Dilemma for Professionals

1993 ◽  
Vol 38 (8) ◽  
pp. 557-562 ◽  
Author(s):  
Ingrid Thompson-Cooper ◽  
Renée Fugère ◽  
Bruno M. Cormier
Keyword(s):  
Child Abuse ◽  
Social Workers ◽  
Child Protection ◽  
Current System ◽  
Negative Consequences ◽  
Child Abuse Reporting ◽  
The 1960S ◽  
The Right ◽  
Reporting Laws ◽  
The Relationship

A central issue in the development of family law and child protection in this country has been the right of the state to intervene in family life. The reporting laws, which were developed in the 1960s, made it mandatory for any citizen, including professionals, to report child abuse (physical and sexual) to the authorities. These laws have fundamentally altered the relationship between the clinician and families in need of help and have resulted in a dramatic increase in the number of cases assessed and treated by child welfare agencies. Because of the emphasis on case-finding, the limited resources have been stretched to the point where families with serious problems of child abuse do not get the services they require. Apparently, at least 60% of all reports turn out to be unfounded. Other criticisms of the current system include ineffective intervention, over-intervention and ignoring parents’ rights. The legalization and bureaucratization of the child protection process has profoundly affected the relationship between troubled families and social workers who now must “investigate” them as well as help them. This role conflict is exacerbated even further in cases of alleged child sexual abuse, where social workers are often expected to inform the police of the allegations. The authors argue that the reporting laws have been useful in that society is aware of the problem, and they suggest that it may be more beneficial now to dispose of them. A system such as the “confidential doctor” system currently operating in the Netherlands, whereby legal authorities are only notified if the abusive family does not cooperate with the helping professionals, prevents the negative consequences of the coercive and intrusive intervention in our system and provides an opportunity to work with those families on a voluntary basis whenever possible.

scholarly journals Self-Determination in Light of the International Court of Justice’s Opinion in the Chagos Case

2020 ◽  
Vol 7 (2) ◽  
pp. 216-235
Author(s):  
Gino J Naldi
Keyword(s):  
United Kingdom ◽  
Self Determination ◽  
Advisory Opinion ◽  
Territorial Dispute ◽  
The United Kingdom ◽  
International Court ◽  
The Icj ◽  
The 1960S ◽  
The Right ◽  
Chagos Archipelago

In its Advisory Opinion in Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, delivered in 2019, the International Court of Justice (ICJ) was of the view that the decolonisation of Mauritius by the United Kingdom had not been lawfully completed when it achieved independence in 1968. This was due to the separation of the Chagos Archipelago in 1965. After dismissing various challenges to the exercise of its advisory jurisdiction, including the argument that the issue at stake was a territorial dispute between the States and that its jurisdiction was, therefore, being misused to circumvent the UnitedKingdom’s lack of consent to contentious proceedings, the ICJ felt it necessary to explore the nature, scope and content of the right to self-determination and whether it had been validly exercised in this instance. The ICJ found that self-determination had become established as a legal right in the context of decolonisation by the time Mauritius was in the process of securing its independence in the 1960s and that a corollary of the right was that of the territorial integrity of a non-self governing territory, which had not been respected in the case of Mauritius. Accordingly, the United Kingdom’s continued administration of the Chagos Archipelago constituted an ongoing internationally wrongful act, entailing international responsibility, which the United Kingdom was under an obligation to put an end to as soon as possible. While it was for the United Nations (UN) General Assembly to determine how the decolonisation of Mauritius was to be realised, in view of the fact that the right to self- determination has an erga omnes character, the ICJ called on all States to co-operate with the UN to that end.

scholarly journals CIVIL LIABILITY OF COMPANIES FOR ANONYMOUS COMMENTS POSTED ON THEIR SITES: A CRITERION OF POTENTIAL CONSEQUENCES OF LIABILITY

2021 ◽  
Vol 19 (01) ◽  
pp. 1-11
Author(s):  
Vaidas Jurkevičius ◽  
Jūratė Šidlauskienė
Keyword(s):  
Freedom Of Expression ◽  
Comparative Method ◽  
Civil Liability ◽  
Democratic Society ◽  
Negative Consequences ◽  
Right To Privacy ◽  
Internet Portal ◽  
The Right To Privacy ◽  
The Right ◽  
The Impact

Purpose – The purpose of this study is to investigate a criterion of potential consequences of liability of an Internet portal for unlawful comments of its visitors and set certain general waymarks, which would apply to cases of this kind. Research methodology – The European Court of Human Rights has ruled in four cases (Delfi AS v. Estonia, MTE & Index v. Hungary, Pihl v. Sweden and Tamiz v. the United Kingdom) on whether civil liability can be justified to the website operators for anonymous comments made on their portals that violate the right to privacy. One of the criteria of such evaluation was the possible negative consequences of the civil liability of these entities, but its content and meaning have not been thoroughly studied in the doctrine. Therefore the authors analyse the content of this criterion on the basis of a comparative method. Taking into account the legal context of this study, specific methods of legal interpretation are used in this article (such as, systemic, teleologic, histrorical). Findings – Authors conclude that addressing the civil liability of website operators for damages caused by anonymous comments violating the right to privacy must consider not only the financial, and not only ad hoc, short- and long-term adverse effects of the website operators in general, but the impact of the ruling on the concept of free media and other property and non-material consequences for a democratic society as a whole. Research limitations – This article deals with one criteria for the application of civil liability of website operators for the infringement of an individual’s right to privacy by anonymous comments, that is – the possible negative consequences of the civil liability of these entities. That is the continuation of the authors’ research on the topic of website operator’s liability for unlawful anonymous comments. Practical implications – The research reveals that the consequences of applying the civil liability to the website operator are conditions for assessment of extent of the already existing civil liability; therefore, the criteria of the consequences that arose and / or could arise to website operator are not to be considered as factors justifying the application of civil liability, but rather as factors determining, i.e. extending or limiting, the extent of civil liability. Originality/Value – The vacuum of a consistent concept of assessing the behavior of website operators in response to unlawful comments poses a threat not only to the sustainability of website operators as business or public interest entities, but also to the stability of the legal system as a whole. It is therefore important to disclose the content of elements of assessment of the necessity of restricting the freedom of expression of website operators in a democratic society, which are unregulated and formulated only in the case law of the ECtHR, and which have been applied in national courts for horizontal civil liability claims for anonymous comments. There are no previous research that would focus on these issues.

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