scholarly journals APPLICATION OF THERMAL IMAGING CAMERAS IN CRIME DETECTION

TEME ◽  
2020 ◽  
pp. 997
Author(s):  
Tanja V. Kesić ◽  
Ivana Bjelovuk
Keyword(s):  
Thermal Imaging ◽  
New Technologies ◽  
Court Order ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Crime Detection ◽  
The Republic ◽  
The Right ◽  
The U.S ◽  
Court Practice

The application of thermal imaging cameras in crime detection has raised the question of the legality of their use, as well as the procedural value of thus obtained information. With regard to these questions, the standpoint of the U.S. court practice has shown diametrically opposite views. The earliar U.S. courts rulings took the position that the application of thermal imaging cameras was not subject to the fulfillment of any particular conditions and that it was encompassed by police discretionary decisions. The position of later rulings was that the application of new technologies, including thermal imaging cameras, was subject to basic conditions required for searching, i.e. mandatory obtaining of the court order with the purpose of protecting the right to privacy. As the application of thermal imaging cameras in the Republic of Serbia is prescribed neither by laws nor by by-laws, it could be governed by general regulations on the use of technical means in implementing operational tactical measures and actions, as well as gathering of evidence. Therefore, thermal imaging cameras might be used in police actions, such as police observation, covert surveillance and recording. In the course of covert surveillance and recording, as part of theevidence gathering process, the use of thermal imaging cameras would be regulated by the same conditions by which the undertaken actions are regulated. Since the possibility of the application of thermal imaging cameras while performing police observation is not explicitly provided for, dilemmas with regard to their use still remain, as well as the issues concerning their procedural value.       

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.

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 Privacy and Private Detective Activities in Lithuania

2012 ◽  
Vol 5 (2) ◽  
pp. 1-26
Author(s):  
Mindaugas Bilius
Keyword(s):  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Right To Privacy ◽  
Public Authorities ◽  
The Right To Privacy ◽  
Private Detective ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

ABSTRACT Private detectives have been providing their services in Lithuania for about a decade; however, only now has the Seimas of the Republic of Lithuania started to discuss whether it is expedient and necessary to regulate the activities of private detectives by means of a separate law. One of the goals of a separate legal regulation of private detective activities is the protection of human rights, particularly the right to privacy. This article examines the provisions of national and international legislative acts related to the private life of a person, and assesses the opportunities of a private detective to provide private detective services without prejudice to the provisions of applicable legislative acts. The article concludes that a private detective is not an authorized (public) authority and there is no possibility to assess in each case whether the interests of a person using the services of private detectives are more important than those of other persons, which would allow for violating their rights to private life. The limits of an individual’s right to privacy can only be narrowed by a particular person, giving consent to making public the details of his/her private life. It is the only opportunity for a private detective to gather information related to the private life of a citizen. Currently applicable legislative acts in Lithuania do not provide for opportunities for private subjects to collect personal data without that person’s consent. This right is granted only to public authorities and with the court’s permission

scholarly journals THE RIGHT TO PRIVACY AND DRUG-TESTING IN SPORT IN SOUTH AFRICA: COULD THE NEW ZEALAND CASE OF CROPP V JUDICIAL COMMITTEE PROVIDE SOME GUIDANCE?

Obiter ◽  
2021 ◽  
Vol 34 (1) ◽  
Author(s):  
Jean Wilké
Keyword(s):  
South Africa ◽  
New Zealand ◽  
South African ◽  
Drug Testing ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Republic ◽  
The Right

This article examines the right to privacy of athletes who are required to submit to drug tests. In South Africa, the right to privacy of an athlete with regard to drugtesting has not been challenged in the courts. However, the courts in New Zealand have had an opportunity to examine the right to privacy of an athlete in terms of drugtesting in sport. Therefore, the article discusses whether the decision in the NewZealand case of Cropp v Judicial Committee may provide some guidance to South African courts in the adjudication of whether the infringement and the limitation on the right to privacy in the context of drug-testing in sport can be reasonable and justified and concludes that such infringement may be reasonable and justified if a court is to consider a limitation of the right to privacy in terms of section 36 of the Constitution of the Republic of South Africa, 1996 as well as consent and safety.

The Right to Privacy Is Dying

2019 ◽  
pp. 830-853
Author(s):  
Sam B. Edwards III
Keyword(s):  
Final Section ◽  
The Body ◽  
Right To Privacy ◽  
Original Intent ◽  
The Third ◽  
The Right To Privacy ◽  
Current State ◽  
The Right ◽  
The U.S

This chapter explores privacy in American jurisprudence from its inception until the present day. This examination starts with the first challenge of defining privacy. The second section examines the body of research on the importance of privacy. The third section focuses on privacy in American jurisprudence from its inception to its current state. This examination will include analysis of specific cases where technology has advanced and privacy has retreated. The purpose of this examination is to elucidate how current privacy doctrine no longer represents either the original intent nor the wishes of the citizens. The final section examines different paths the U.S. can take at this important point in privacy jurisprudence.

The Right to Privacy Is Dying

2016 ◽  
pp. 103-126
Author(s):  
Sam B. Edwards III
Keyword(s):  
Final Section ◽  
The Body ◽  
Right To Privacy ◽  
Original Intent ◽  
The Third ◽  
The Right To Privacy ◽  
Current State ◽  
The Right ◽  
The U.S

This chapter explores privacy in American jurisprudence from its inception until the present day. This examination starts with the first challenge of defining privacy. The second section examines the body of research on the importance of privacy. The third section focuses on privacy in American jurisprudence from its inception to its current state. This examination will include analysis of specific cases where technology has advanced and privacy has retreated. The purpose of this examination is to elucidate how current privacy doctrine no longer represents either the original intent nor the wishes of the citizens. The final section examines different paths the U.S. can take at this important point in privacy jurisprudence.

The Right to Privacy

2000 ◽  
Vol 17 (2) ◽  
pp. 25-44 ◽  
Author(s):  
Lloyd L. Weinreb
Keyword(s):  
The United States ◽  
Legal Rights ◽  
Moral Claim ◽  
Constitutional Rights ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Positive Law ◽  
Constitutional Right ◽  
The Right ◽  
The U.S

The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right.

scholarly journals OCHRONA DANYCH OSOBOWYCH JAKO ELEMENT PRAWA DO PRYWATNOŚCI

2017 ◽  
Vol 9 (1) ◽  
pp. 299
Author(s):  
Paweł Sobczyk
Keyword(s):  
Data Protection ◽  
Academic Research ◽  
Personal Data ◽  
International Standards ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
Democratic State ◽  
The Republic ◽  
The Right

Personal Data Protection as Part of the Right to PrivacySummaryThe issues related to the right to privacy and personal data protection are a new important area for the constitutional studies in Poland. Their emergence owes much to the development of information technology and the adjustment of Polish law, including constitutional law, to international standards. Under the Constitution of the Republic of Poland of 2 April 1997, personal protection is seen as part of the right to privacy. The following issues have become the subject of the academic research: the constitutionalization of personal data protection, constitutional rights of identifiable persons, the relation of personal data and the right to privacy, the democratic state under the rule of law as the guarantor of the right to privacy and personal data protection, as well as human dignity as the basis of this right.

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