scholarly journals Privacy as an International Human Right and the Right to Obscurity in Cyberspace

2014 ◽  
Vol 2 (2) ◽  
pp. 33 ◽  
Author(s):  
Alexandra Rengel
Keyword(s):  
New Technologies ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Remote Access ◽  
Political Rights ◽  
Human Beings ◽  
Right To Privacy ◽  
Human Right ◽  
International Convention ◽  
The Right

Fundamental rights are considered to be those which human beings have by the fact of being human and are neither created nor can be abrogated by any government absent extraordinary circumstances. They are fundamental in that the enjoyment of such rights is necessary to live a life with dignity. Fundamental rights are recognized by several international conventions and treaties such as the International Convention on Civil and Political Rights, and the International Convention on Economic and Social Rights and they include cultural, economic, and political rights, such as the right to life, the right to liberty, the right of association, and the right to freedom of religion. Privacy is an essential human need. Although the concept of privacy has a certain abstract quality to it that makes it difficult to define, instinctively, humans need to know that they can keep some things secret from others. Absent extraordinary circumstances the need for humans to have a certain degree of privacy is innate. Perhaps as a result of that intrinsic need, privacy as a concept has been recognized in a social as well as a legal sense in most cultures from time immemorial. Today, the right to privacy is considered to be an identifiable human right with universal qualities deserving legal recognition and protection, although the scope of such legal protection is still being determined. In reviewing the concept of privacy, new technologies often make us wonder what level of protection of our right to privacy is possible in a world where personal information about us can be accessed not by infringing our physical space, but by invisible hands that can access our most private secrets just by pressing a button and looking at a screen. New technologies in the form of the Internet, social networks, remote access to information, etc., make it increasingly more difficult to maintain privacy rights in cyberspace such that online invisibility has become impossible. The quest for invisibility is the idea that individuals should be able to choose to remain invisible online. In order for that scenario to become a reality more emphasis needs to be made on the universal recognition of privacy principles in the context of cyberspace. Additionally, design based privacy solutions must be created to protect individuals’ privacy in cyberspace.

Right to Internet

2013 ◽  
pp. 216-224
Author(s):  
Amita Verma ◽  
Amit Verma
Keyword(s):  
Growth And Development ◽  
Internet Usage ◽  
Internet Technology ◽  
Political Rights ◽  
Human Right ◽  
The Czech Republic ◽  
International Convention ◽  
The United Kingdom ◽  
The People ◽  
The Right

With the growth and development in technology, one of the most significant changes has been the commercialisation of Internet. There has been a revolution in Internet technology with the International Convention on Civil and Political Rights recognizing “Right to Internet” as a human right. There are countries like Antigua and Barbuda, Angola, Armenia, Colombia, the Czech Republic, the Dominican Republic, Estonia, Finland, France, Iceland, Liechtenstein, Panama, Poland, Peru, South Africa, Turkey, Trinidad and Tobago, Slovakia, and the United Kingdom, which already have legislations promoting the cause of Internet to every citizen. This chapter aims to study the implementation and utility of the right to Internet being recognized as a fundamental right and the principles behind it. It also intends to study the method of implementation of this right keeping in mind the situation prevalent in China, which restricts Internet usage. The chapter would also make suggestion with regards to the remedies available to the people in the cases of the countries not recognizing the right.

Right to Internet

2015 ◽  
pp. 1-9
Author(s):  
Amita Verma ◽  
Amit Verma
Keyword(s):  
Growth And Development ◽  
Internet Usage ◽  
Internet Technology ◽  
Political Rights ◽  
Human Right ◽  
The Czech Republic ◽  
International Convention ◽  
The United Kingdom ◽  
The People ◽  
The Right

With the growth and development in technology, one of the most significant changes has been the commercialisation of Internet. There has been a revolution in Internet technology with the International Convention on Civil and Political Rights recognizing “Right to Internet” as a human right. There are countries like Antigua and Barbuda, Angola, Armenia, Colombia, the Czech Republic, the Dominican Republic, Estonia, Finland, France, Iceland, Liechtenstein, Panama, Poland, Peru, South Africa, Turkey, Trinidad and Tobago, Slovakia, and the United Kingdom, which already have legislations promoting the cause of Internet to every citizen. This chapter aims to study the implementation and utility of the right to Internet being recognized as a fundamental right and the principles behind it. It also intends to study the method of implementation of this right keeping in mind the situation prevalent in China, which restricts Internet usage. The chapter would also make suggestion with regards to the remedies available to the people in the cases of the countries not recognizing the right.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

AI and Migration Management

2020 ◽  
pp. 768-787
Author(s):  
Petra Molnar
Keyword(s):  
Human Rights ◽  
New Technologies ◽  
Forced Migration ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Privacy Rights ◽  
International Regulation ◽  
Development Technology ◽  
And Migration ◽  
The Right

This chapter focuses on how technologies used in the management of migration—such as automated decision-making in immigration and refugee applications and artificial intelligence (AI) lie detectors—impinge on human rights with little international regulation, arguing that this lack of regulation is deliberate, as states single out the migrant population as a viable testing ground for new technologies. Making migrants more trackable and intelligible justifies the use of more technology and data collection under the guide of national security, or even under tropes of humanitarianism and development. Technology is not inherently democratic, and human rights impacts are particularly important to consider in humanitarian and forced migration contexts. An international human rights law framework is particularly useful for codifying and recognizing potential harms, because technology and its development are inherently global and transnational. Ultimately, more oversight and issue specific accountability mechanisms are needed to safeguard fundamental rights of migrants, such as freedom from discrimination, privacy rights, and procedural justice safeguards, such as the right to a fair decision maker and the rights of appeal.

scholarly journals Teleworking: A New Reality Conditioned by the Right to Privacy

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 64
Author(s):  
Carlos Arroyo-Abad
Keyword(s):  
New Technologies ◽  
Legal Framework ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Work From Home ◽  
Provision Of Services ◽  
The Right

Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In the Spanish case, we speak of Law 10/2021 from 9 July on remote working. The objective of this study is to assess the scope as well as the problems that this law generates during its application, regarding controlling the provision of services. However, we not only identify the incidental factors, but also provide a necessary reinterpretation of the right to privacy from the perspective of the inviolability of homes, especially when its current articulation may operate to the detriment of employees’ rights, as contradictory as this may seem.

Respecting care home residents’ right to privacy: what is the evidence of good practice?

2018 ◽  
Vol 22 (4) ◽  
pp. 198-210 ◽  
Author(s):  
Caroline Emmer De Albuquerque Green ◽  
Anthea Tinker ◽  
Jill Manthorpe
Keyword(s):  
Literature Review ◽  
Care Home ◽  
Good Practice ◽  
Physical Space ◽  
Personal Data ◽  
Care Homes ◽  
Right To Privacy ◽  
Human Right ◽  
Content Type ◽  
The Right

Purpose The purpose of this paper is to review and discuss evidence of good practice in respecting care home residents’ right to privacy. The right to privacy is a fundamental human right as enshrined in international and domestic law and standards. In the context of increasing interest in using a human rights approach to social care in care homes for older people, this literature review summarises research evidence on what respecting the human right to privacy of care home residents entails in practice. Design/methodology/approach This literature review followed a rigorous systematic approach to the scoping review, inspired by the Joanna Biggs Institute’s guidelines for conducting systematic reviews. A total of 12 articles were included in the review. Findings The research took a multidimensional understanding of privacy in their studies. The dimensions can be categorised as physical, inter-relational or related to personal data. The review highlights three good practice points. First, it is good privacy practice in care homes to make available single-occupancy bedrooms to residents since this offers the opportunity to personalising this physical space with furniture and web belongings, adding a sense of ownership over the space. Second, residents appreciate being able to choose when and how they spend their time in their own bedrooms. Third, it is good practice to respect residents’ private physical space and private choices, for example by knocking on doors before entering or agreeing with the resident when it is permissible to enter. The review also found that in some studies privacy considerations were relevant to communal living areas within care homes, including the use of surveillance cameras and the sharing of personal data. Originality/value This literature review adds to the body of academic literature on human rights and social care in practice. It also highlights areas for future research relating to the right to privacy in care homes.

scholarly journals The Phenomenon of Digital Labour Platforms

2020 ◽  
Vol 27 (4) ◽  
pp. 217-229
Author(s):  
Andrzej Marian Świątkowski
Keyword(s):  
Trade Unions ◽  
New Technologies ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
Almost All

In all EU Member States the status of people employed on job platforms is not fully legally regulated. It is necessary to consider the sources of the contemporary phenomenon of electronic employment, which is not amenable to legal regulation in the Union constituting an “area of freedom, security and justice with respect for fundamental rights” (Art. 67 (1) of the Treaty on the Functioning of the European Union). The right to work in decent conditions, with adequate remuneration, belongs to this category of rights. In the discussion on employment platforms state authorities are more inclined to consider issues related to new technologies, processes and changes caused by the development and application of modern digital technologies (digitization) in almost all areas. The headquarters of trade unions mainly discuss the legal position of employees and the role of employment platforms in employment relations in the post-industrial era. Entrepreneurs and their organizations, including private institutions and employment platforms, are interested in equal treatment by national legislators in local labour markets. They are afraid of the breach of the balance favorable to their own economic interests, caused by the public interest in the possibility of using employment in atypical forms of employment. Services consisting in employment provided under employment platforms are incomparably cheaper than identical work performed by employees employed under employment contracts.

scholarly journals How to uphold a Human Right in the World and Indonesia? A Book Review Hukum Hak Asasi Manusia, Rahayu Hartini, Badan Penerbit Universitas Diponegoro, Semarang, 2015, 408 Pages, ISBN 978-979-70490-6-5

2021 ◽  
Vol 3 (1) ◽  
pp. 117-122
Author(s):  
Mohammad Yufi Al Izhar
Keyword(s):  
Human Rights ◽  
Class Group ◽  
Law Students ◽  
Human Beings ◽  
Human Rights Law ◽  
Human Right ◽  
The Public ◽  
The World ◽  
The Right

Human Rights are basically universal and their rights cannot be taken and revoked by anyone. This is interpreted no matter how bad a person's behavior, a person will still be considered as human as they should be, and will continue to have their rights as human beings, which means that their human rights are inherent and will always be permanently attached to him. Human Rights (HAM) are believed to be the right of life naturally possessed by every human being without exception and a special human thing such as class, group, or social level. Human Rights have basically been championed by humans in all parts of the world throughout the ages. The book written by Prof. Dr. Rahayu, which is very intended for both Faculty of Law students and non-Faculty of Law students, provides an answer to the doubts of the public regarding Human Rights that actually occur in Indonesia and internationally. She also explained the meanings of the struggle of each country that issued their public opinion in the interest of the International, this meant that something that happened in the international arena was certainly a collection of perceptions of settlement within a country. Therefore, Human Rights Law cannot be separated from the main supporting factors which are the material of the countries that make the agreement.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

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).

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