scholarly journals LEGAL REGULATION OF COMMUNICATION PRIVACY IN THE INFORMATION SOCIETY

2020 ◽  
Vol 24 (4) ◽  
pp. 985-1004
Author(s):  
Anzhelika N. Izotova
Keyword(s):  
Information Society ◽  
Communication Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Research Activity ◽  
The Individual ◽  
The Right ◽  
Dialectical Analysis ◽  
Communication Privacy

The article is devoted to the regulation of communication privacy, which is not only a guarantee of the individual right to confidentiality and privacy, but also a necessary condition for the collective freedom of speech, trust in communication services, which is essential for formation of the information society. The right to communication privacy with the advent of new communication technologies is being transformed and expanded, which requires updating and harmonization of the legal framework. In this regard, the purpose of the research is to reveal problems and contradictions in updating legal regulation of communication privacy, including by analyzing legislation and existent scientific approaches to the content of communication privacy, description of mechanisms for both ensuring and limiting communication privacy, as well as interaction of legal entities regarding communication privacy. The relationship between Russian and European legislation, which regulate communication privacy (ePrivacy) have been considered in this paper. The research methodology is represented by such methods as dialectical, analysis, analogies, formal-legal, comparative methods of research activity. The work demonstrates different approaches to determining the content of the right to communication privacy, expanding the range of professional subjects of communication privacy, and loosening the mechanisms for limiting this right in the direction of its expansion in the context of interrelations between subjects of legal relations concerning communication privacy.

Legal Security Aspects of Online Search. Postulates de lege ferenda

2020 ◽  
Vol 11 (2) ◽  
pp. 129-140
Author(s):  
Justyna Kurek
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Public Security ◽  
Online Environment ◽  
Online Search ◽  
Telecommunication Systems ◽  
Legal Security ◽  
The One ◽  
The Individual ◽  
The Right

Classified online search of telecommunication systems with the use of spyware tools requires comprehensive regulation. On the one hand, it should ensure the balance between an effective legal framework for guaranteeing public security in the online environment and legal regulation, on the other hand — it should respect constitutional norms, in particular the right of the individual to protect privacy, the inviolability of the home and the protection of correspondence. Legal and political consent for such activities requires, however, the creation of institutional, material, legal and procedural guarantees.

scholarly journals Integrated computerization of education in the context of the intellectual growth

2021 ◽  
Vol 7 (3A) ◽  
pp. 504-511
Author(s):  
Volodymyr Bekh ◽  
Valerii Akopian ◽  
Sergiy Yashanov ◽  
Ilya Devterov ◽  
Bogdan Kalinichenko
Keyword(s):  
Information And Communication Technologies ◽  
Information Society ◽  
General Trend ◽  
Rapid Development ◽  
Communication Technologies ◽  
Digital Information ◽  
Initial Information ◽  
Information And Communication ◽  
The Individual ◽  
World Development

The rapid development in the world of information and communication technologies makes it possible to say that now they are one of the most common ways of teaching. These technologies influence the formation of methods and methods of pedagogical activity, open up new opportunities for communication and obtaining information. Informatization and computerization of education acts as a component of the general trend of global processes of world development, as an initial information and communication basis for the harmonious development of the individual and social systemic information. Preparing a student for an active and fruitful life in a modern digital information society is one of the main tasks of the modern stage of modernization of the education system.

scholarly journals Right to access science and technology information in scientific research and innovation activities in Vietnam

2021 ◽  
Vol 63 (4) ◽  
pp. 50-55
Author(s):  
Tung Son Le ◽  
◽  
Thi Hoang Yen Thach ◽  
Van Hong Tran ◽  
◽  
...  
Keyword(s):  
Information Society ◽  
Legal Status ◽  
Science And Technology ◽  
Scientific Research ◽  
Legal Framework ◽  
Research And Innovation ◽  
Innovation Activities ◽  
Technological Information ◽  
The Right

Science and technology information has been an important driving force in the information society and knowledge economy. Access to scientific and technological information for scientific research becomes an essential need and a factor affecting the quality of scientific research and innovation, thereby posing a problem to establish a legal framework for recognising and enforcing the right to access scientific and technological information. Based on identifying and evaluating the current legal status on the right to access to science and technology information, this study proposes solutions to improve the legal framework to ensure the enforcement of the right to access science and technology information in Vietnam.

RFID Technology and its Impact on Privacy

2009 ◽  
pp. 89-107 ◽  
Author(s):  
Tatiana-Eleni Sinodinou
Keyword(s):  
Data Processing ◽  
Personal Information ◽  
Personal Data ◽  
Legal Framework ◽  
Special Focus ◽  
Information Transparency ◽  
Rfid Tag ◽  
Rfid System ◽  
The Individual ◽  
The Right

The present chapter explores privacy issues posed by the use of RFID systems and applications. The existing legal framework for data protection is analyzed in order to discover how general privacy safeguarding principles should be applied in the case of RFIDs, with special focus on the main areas which are going to experience widespread use of such applications. The structure of the chapter is based on a chronological order which follows the consecutive phases of contact and interaction between the individual and the RFID tag. The implementation of a tag to a product or in the human body establishes the first point of contact of the individual with the RFID tag. This stage of data processing is examined in the first part of the chapter. In more particular, this part deals with the application of general principles of fair processing, such as information transparency, the debate about the necessity to require the prior consent of the individual (possible opt-in and opt-out solutions) and the precondition of a clearly defined purpose of the data processing. The symbiosis of the person with the tag is examined in the second part. Indeed, privacy concerns are equally significant during the phase of processing of personal information, even if processing is conducted lawfully, either based on the legal ground of the individual’s consent or justified on another legal basis. The requirement of data quality and the obligation to secure the RFID system against unauthorized interceptions or alterations of data by third parties constitute essential guarantees of fair data processing. Privacy protection in the activation phase of the tag is also ensured by the obligation to inform the tagged individual every time a reading takes place and by the right to verify the accuracy of the tag data, whether stored from the beginning or added at a later date. Finally, the last part of the chapter examines the legal regime of separation between the person and the tag. This phase refers to the termination of the processing either by act of the data subject or by act of the RFID system controller. The focus is given to the exercise of the right to object to the processing of personal data through RFID devices. In this context practical solutions, such as the “tag kill” or “tag sleep” command should be taken into consideration in order to the make the exercise of the right to object feasible.

Danish Data Protection with Respect to Law Libraries

2003 ◽  
Vol 31 (3) ◽  
pp. 452-461 ◽  
Author(s):  
Peter Blume
Keyword(s):  
Data Protection ◽  
Information Society ◽  
Personal Information ◽  
Economic Value ◽  
Legal Regulation ◽  
Information Privacy ◽  
Private Sphere ◽  
Legal Rules ◽  
Modern Development ◽  
The Individual

Data protection and information privacy are essential parts of lex informatica. The purpose of legal rules is to sustain a modern development and adjustment of the fundamental right to privacy, taking the realities of the information society into consideration. The aim is to protect the individual against misuse of personal information that may violate the private sphere and simultaneously to protect against surveillance with the purpose of governing behavior. Privacy protection is furthermore important, since personal information, which always has had economic value to a much larger degree, has become a commodity today. There are many reasons sustaining data protection, and legal regulation is very broad covering all parts of society. Merely a fragment of this issue is being considered in the following.

scholarly journals Protection of privacy in Malaysia: A law for the future

2021 ◽  
Author(s):  
◽  
Zuryati Mohamed Yusoff
Keyword(s):  
Private Information ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
The Right To Privacy ◽  
Privacy Law ◽  
Privacy Act ◽  
Federal Constitution ◽  
The Law ◽  
The Individual ◽  
The Right

<p>In Malaysia, the rights and liberties of the individual are recognised in the Federal Constitution of Malaysia. However, the right to privacy does not have the express constitutional recognition enjoyed by other rights such as the right to life and liberty and freedom of expression. This thesis identifies gaps in the protection of privacy interests in the current legal framework. There is no self-standing law on privacy in Malaysia, though there are several laws which provide limited rights to privacy such as the laws on data protection and criminal law. The existing laws are inadequate to protect private information and to protect against the intrusion of privacy. The importation of foreign principles through the reception of English Common Law offers only limited protection. Malaysia should, therefore, have a specific law to protect privacy. With a view to attaining that goal for Malaysia, this thesis undertakes a comparative analysis of two different experiences of the development of the law of privacy. They are the privacy law in England, which is largely based on the law of breach of confidence, and the privacy law in New Zealand, which has a distinct privacy tort recognised in its case law. The conclusion is that those countries’ experience can inform developments in Malaysia, and that the best way for Malaysia to develop its law now is by the enactment of a specific Privacy Act.</p>

scholarly journals Skutki prawne kontroli przedsiębiorcy prowadzonej z naruszeniem zasad kontroli

2018 ◽  
Vol 114 ◽  
pp. 623-636
Author(s):  
Michał Strzelbicki
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Public Economic ◽  
Economic Law ◽  
Scope Of Application ◽  
The Right ◽  
Legal Consequences

LEGAL CONSEQUENCES OF ENTREPRENEUR INSPECTION CONDUCTED IN VIOLATION OF PRINCIPLES FOR INSPECTIONWith the enforcement of the Business Activities Freedom Act, the provisions of Chapter 5 entitled “Entrepreneur Inspection” have become to apply in the Polish Public Economic Law. The essence of the regulation lies in the principles for inspection, namely standards to be met by each and every entrepreneur’s business inspection performed by administrative bodies. Legal regulation of entrepreneur inspection, providing for legal framework of the procedure and setting limits to the actions of the inspection authority, was aimed by the legislator to limit the natural advantage of the authority over the entrepreneur during the inspection proceeding.The legislator was aware that the very introduction of principles for inspection would not be sufficient to effectively protect entrepreneurs’ interests. For this reason, the administrative authorities have been obliged to apply the principles for trader inspection through far-reaching negative legal consequences to the authority in the event of breach. The article analyses such legal solutions which provide entrepreneurs with the right to pursue compensation from the state, and permit demanding that the evidence gathered during the inspection could not be used against such trader by the administration authorities the “fruit of the poisonous tree” principle. The author presents the scope of application of both such instruments, and takes a stand as regards related detailed issues which have so far been the bone of contention both in the doctrine and in the judgements.

scholarly journals Spiritual Education in Russia: Law and Theology

2021 ◽  
Vol 9 (SPE3) ◽  
Author(s):  
Natalya Viktorovna Lutovinova ◽  
Alla Efratovna Zolotareva ◽  
Elena Olegovna Tchinaryan ◽  
Igor Olegovich Loshkarev
Keyword(s):  
Religious Education ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Spiritual Education ◽  
Systematic Analysis ◽  
New Information ◽  
Life Education ◽  
The Individual ◽  
The Right ◽  
Voluntary Choice

It is impossible to imagine modern life without education. It allows a person to learn something new, to know the reality around, to realize their abilities, to reveal their talents, to find a vocation in life. Education is not only the process of learning new information, but it is also the upbringing and development of the individual, their exposure to the world and national culture, the formation of a certain system of values. Currently, there are several problems in education, like in any other public sphere, that cause active discussion in society and require resolution at the legislative level. This article presents a legal study of spiritual education, taking into account its legal regulation and implementation in Russia at the present stage. The authors of the article consider the most important aspects of the implementation of the right to spiritual education in Russia and conduct a comparative legal analysis of the Russian legislation on spiritual education. The article considers the types of educational organizations that provide religious education and their educational programs, describes the foreign experience of religious education, and conducts a systematic analysis of educational standards of higher education. The authors identify current problems in the field of organization and implementation of religious education, give recommendations for their solution, and indicate areas for improving legislation on religious education. It is concluded that the introduction of subjects teaching religion in educational institutions is legal in compliance with the principle of voluntary choice of education.

scholarly journals The Securing a Claim in the Context of Sustainable Development: An Evaluation of the Latvian Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 281
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Framework ◽  
Legal Regulation ◽  
Theory And Practice ◽  
The Sustainable Development ◽  
Legal Norms ◽  
Inductive Methods ◽  
Protection Of Human Rights ◽  
The Right

Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms provides for the right of everyone to a fair and public hearing by an independent and impartial tribunal established by law. An important guarantee, such as the enforcement of a court judgment, is also enshrined in human rights theory and practice, as unenforced judgments pose a threat to legal stability, which is one of the fundamental basis for the sustainable development of society. The institute of law of the securing a claim serves in cases where execution of the future judgment may be impossible or made substantially more difficult. The aim of the research is to study the legal framework, which determines the regulations of the securing a claim in Latvia in order to make proposals for enhancement of the legal framework. The research deployed descriptive, analytical and deductive-inductive methods as well as the methods of interpretation of legal norms. Using these methods, legal acts, views of legal scientists and case law were reviewed and analyzed, and subsequently conclusions and recommendations were made. Analyzing the development of the securing a claim it can be admitted that this institute of law in Latvia has problems as the application of the securing a claim in court practice within the framework of limited adversarial and dispositivity principles, as well as shortcomings in the theoretical foundations of the securing a claim which are based on the findings of legal scientists of the last century. As a result of the research, the author drew the conclusions, that Latvia does not make sufficient use of the long-standing successful procedural solutions for securing a claim in others states, such as court mortgages, bank guarantee or mortgage of the plaintiff to secure the defendant's losses, defendant's protection letter to protect against unjustified securing a claim, a possibility to secure a claims which are not financial in nature and many more that can make legal regulation of the securing a claim more modern and effective.

scholarly journals Establishment and development of legal regulation of the court's activity in transfer of foreign citizens sentenced by Russian courts to serve their sentence in the country of citizenship

2021 ◽  
pp. 85-93
Author(s):  
Alexander Fedyunin
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Norms ◽  
Soviet Period ◽  
Special Role ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

This article analyzes the establishment of legal regulation of the court's activity in the consideration and resolution of the question of transferring foreign citizens sentenced by the court of the Russian Federation to serve their sentence in country of citizenship. The author offers periodization of the chronology of its evolution, &nbsp;and draws attention to the gaps and inaccuracies in the current legislation and the need for amending normative legal framework, which is testified by the legal acts adopted by the state authorities of the Russian Federation, including those aimed at regulation of international legal relations in this sphere, as well as the works of the scholars-processualists. The conclusion is made that the corresponding court's activity acquires a special role. Compared to the Soviet period, national and international norms that regulate the court&rsquo;s activity in this area have experiences significant changes, as the number of convicts transferred to their country of citizenship has increased considerably, the contractual practice of the Russian Federation has expanded, which is substantiated by the globalization processes and the need for the development and strengthening of international cooperation of the Russian Federation with foreign countries in the sphere of transferring foreign citizens. Examination of the chronology of changes experienced by the normative legal framework of the court&rsquo;s activity in the course of its establishment and development, allows choosing the right direction for further improvements.

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