Digital rights of man and citizen: constitutional dimension

2020 ◽  
Vol 22 (4) ◽  
pp. 37-41
Author(s):  
MARIA A. LIPCHANSKAYA ◽  
Keyword(s):  
Civil Rights ◽  
Digital Technologies ◽  
Legal Framework ◽  
Legal Aspects ◽  
Constitutional Rights ◽  
Digital Rights ◽  
The Right To Privacy ◽  
Russian Constitution ◽  
The Media ◽  
The Right

The article examines the meaning of digital rights in the constitutional and legal aspects. The author criticizes the concept of digital rights as new objects of civil rights in domestic civil legislation since it contradicts the established world practice in understanding such a term as “digital rights”, as well erroneously ascribes certain powers of other subjective rights as independent ones, which can be realized through digital technologies. The article considers the incorrect assignment to digital rights of some constitutional rights, enshrined in the Russian constitution (rights to information, the right to privacy, freedom of the media). According to the author, digital rights in the constitutional and legal framework should be considered only those that either appeared along with the emergence of modern digital technologies, or acquired a significantly new meaning. The article gives some examples of such rights (the right to Internet access; the right to communication; the right to protection from machine processing of information) and states the conclusion on the formation of a constitutional and legal institution of digital rights at the present time.

CLASSIFICATION OF PERSONAL DATA IN RELATION TO PERSONS SENTENCED TO IMPRISONMENT

2021 ◽  
pp. 141-145
Author(s):  
Анастасия Юрьевна Сивцова
Keyword(s):  
Civil Rights ◽  
Personal Data ◽  
Private Life ◽  
Constitutional Rights ◽  
The Right To Privacy ◽  
Detention Centers ◽  
Sexual Identification ◽  
The Right ◽  
Statutory Regulation

В статье приводится анализ источников, регламентирующих процесс регламентации персональных данных, анализ норм российских нормативных правовых актов, закрепляющих основные права человека и гражданина, основные конституционные права осужденных на жизнь, здоровье. Автором поясняются некоторые аспекты нормативного регулирования понятия «персональные данные осужденных», право на личную жизнь. На основе научного анализа мнений ученых-юристов автором выстраивается логическая цепочка нормативного регламентирования заявленных дефиниций. В ключевом выводе по данной работе автором дается определение категории информации в следующей трактовке: персональные данные в отношении лиц, содержащихся в следственных изоляторах и осужденных к лишению свободы, - любая информация, относящаяся к прямо или косвенно определенному или определяемому подозреваемому, обвиняемому или осужденному, включающая в себя сведения о частной жизни, связях с родственниками и друзьями, пристрастиях, половой идентификации и предпочтениях, социальном и финансовом положении, о взглядах и убеждениях, о состоянии здоровья, в том числе совокупность информации, способная привести к идентификации осужденного. Предлагается авторская классификация персональных данных специальных субъектов. The article provides an analysis of the sources that regulate the process of regulating personal data, an analysis of the norms of Russian normative legal acts that reflect the basic human and civil rights, the basic constitutional rights of convicts to life and health. The author explains some aspects of the statutory regulation of the concept of "personal data of convicts", the right to privacy. Based on the scientific analysis of the opinions of legal scholars, the author builds a logical chain of statutory regulation of the stated definitions. In the key conclusion of this work, the author defines the category of information in the following interpretation: personal data in relation to persons held in pre-trial detention centers and sentenced to imprisonment - any information related directly or indirectly to a certain or identifiable person, suspect, accused or convicted person, including information about private life, relationships with relatives and friends, addictions, sexual identification and preferences, social and financial status, views and beliefs, health status, including a set of information that can lead to the identification of the convicted person. The author's classification of personal data of special subjects is proposed.

Statistical confidentiality as an element of the protection of the constitutional right to privacy

2019 ◽  
Vol 64 (12) ◽  
pp. 58-67
Author(s):  
Piotr Zapadka
Keyword(s):  
Public Interest ◽  
Statistical Data ◽  
Legal Framework ◽  
Protective Measure ◽  
Constitutional Rights ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Constitutional Right ◽  
Statistical Surveys ◽  
The Right

The confidentiality of statistical data, one of the areas of classified data, is a part of the institutional legal framework designed as a coherent safeguard of natural persons’ right to privacy, at the same time recognising the fact that collecting statistical data for public statistics satisfies an important public need. Therefore it is necessary to reach a sensible compromise between justified public interest and private interest. The article analyses selected aspects of statistical confidentiality regarded as a tool for the execution of the constitutional duty to protect the identity of persons participating in statistical surveys. The aim of this paper is to define the extent to which the process of collecting and storing data, provided for by the law on public statistics, constituties a justified and lawful interference with the constitutional rights and freedoms of natural persons. The analysis of the Polish and foreign regulations pertaining to this matter indicates that statistical confidentiality serves as a protective measure for the right to privacy for natural persons, guaranteed by Art. 47 of the Polish Constitution.

scholarly journals The media victimisation of the defendant through the violation of the presumption of innocence

Temida ◽  
2020 ◽  
Vol 23 (2) ◽  
pp. 271-291
Author(s):  
Lazar Djokovic
Keyword(s):  
Public Awareness ◽  
Direct Consequence ◽  
Legal Framework ◽  
Electronic Media ◽  
Theoretical Concept ◽  
Presumption Of Innocence ◽  
The Public ◽  
The Right To Privacy ◽  
The Media ◽  
The Right

The paper analyses the theoretical concept and legal framework of the presumption of innocence and the significance of the consequences of its violation by the media in Serbia, which leads to the victimization of the accused. An analysis of examples of reporting of selected electronic media is presented, in which the way the media violates the presumption of innocence is indicated. In order to draw the attention of the professional and general public to the consequences of unethical media reporting on crime, it is pointed out that they are reflected in the impossibility of proper development of the defendant?s personality, stigmatization as a direct consequence of media treatment to which he was exposed, and degradation of the right to privacy. The author concludes that it is necessary to work on raising public awareness of the unforeseeable harmful consequences for the personality of all those who are associated with a criminal event in the media and to more legally regulate the ban on violating the presumption of innocence by the media, and achieve a balance between the presumption of innocence, as a part of the corpus of the defendant?s rights, and the right of the public to be informed on time of the state of crime.

From Property Rights to Liberty Rights: We the Corporations, A Review Essay

2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Political Process ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
State Action ◽  
Unequal Treatment ◽  
The People ◽  
The Right ◽  
We The People

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?

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.

scholarly journals Constitutionalization of digital rights: domestic practice and foreign experience

2020 ◽  
pp. 129-133
Author(s):  
Natalia Verlos
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Digital Transformation ◽  
Constitutional Rights ◽  
Digital Rights ◽  
Constitutional Level ◽  
European Court ◽  
Right To Information ◽  
The Right ◽  
Digital Human

The article covers the topical problem of constitutionalization of digital human rights in the conditions of digital transformation.The study analyzes doctrinal approaches to the definition of digital human rights as a legal category, the monitoring of the positive internationalexperience of constitutionalization of digital rights, which can be borrowed in the process of the constitutional reform inUkraine.In the study, based on the analysis of normative experience of foreign countries, the author proposes to identify two ways ofdomestic regulation of digital rights: first, it is the constitutionalization of digital rights, with changing the text of the constitution toregulate digital rights at the highest constitutional level, and second, it is the digitization of constitutional rights, when the rightsenshrined in the constitution become updated on the basis of constitutional decisions, the case-law of the European Court of HumanRights or in the relevant legislation.It is proposed to distinguish “digital rights”, including the right to access to electronic devices and telecommunications networks(Internet), the right to protection of personal data, the right to information self-identification, the right to anonymity, the right to be forgotten,the right to free transfer and dissemination of information, etc. However, it should be taken into consideration that in the processof reforming and carrying out constitutional and legal modernization, it is necessary to take into account the possibility and necessityof the realization of fundamental human rights, which are already defined in the Constitution of Ukraine, but are being implemented inthe conditions of digitalization.It is emphasized that in the process of development of the constitutional law of Ukraine the potential of digital transformation isnot realized in full today, and perspective tendencies have such priorities as the development of network forms of interaction, communicativetechnologies of control and planning, formation of qualitatively updated model of digital rights development. Also, in order toincrease the effectiveness of the implementation of digital rights, it is necessary to use the legal reception from countries where constitutionaland legal modernization has already taken place taking into account the digital transformation and has a positive experience ofregulation, including at the highest constitutional level. It should be borne in mind that in addition to ensuring and implementing digitalhuman rights, it is necessary to develop a concept of digital duties and responsibilities for the violation of these rights in order to preventnegative risks and abuse.

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).

A Critique of Legal Framework Facilitating Access to Government Information in Tanzania

2015 ◽  
pp. 1737-1762
Author(s):  
John Ubena
Keyword(s):  
Critical Analysis ◽  
Good Governance ◽  
Universal Access ◽  
Case Law ◽  
Legal Framework ◽  
Theory And Practice ◽  
Government Information ◽  
The Media ◽  
Right To Information ◽  
The Right

This chapter provides a critical analysis of the legal framework for access to information particularly information held by government in Tanzania. The analysis intends to establish whether the existing Right To Information (RTI) legal framework and ICT development in Tanzania facilitates universal and requisite access to government information. In order to do that, the chapter utilises a literature review to understand contemporary trends in both theory and practice. In addition, journal articles, books, reports, case law, and pieces of legislation focusing on RTI are visited to obtain deeper insights in the topic under scrutiny. The findings indicate that, despite Tanzania's efforts to embrace democracy virtues, good governance, and technology, the country lacks adequate legal framework to facilitate universal access to government information and ensure that the Right To Information (RTI) is observed in all the socio-economic contexts. To rectify this problem, there is need to enact the RTI law with clear focus of encouraging access to government information. Although two bills (the Media Service Bill [MSB] and the 2011 RTI) are currently being debated, it is not clear yet when they will become law and subsequently practiced.

THE INFLUENCE OF THE NEW REGULATION OF DIGITAL RIGHTS ON JUDICIAL PRACTICE

2020 ◽  
pp. 27-39
Author(s):  
Vladimir G. Blinov ◽  
Viktoriya V. Blinova
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Research Topic ◽  
Digital Rights ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Available Information ◽  
Digital Assets

A huge interest in learning digital technologies is noted these days. However, at the same time it is necessary to note insufficient degree of available information on this topic, which is due to this phenomenon's novelty. The relevance of the research topic is determined by the need to analyze comprehensively the litigation practice on applying the legislation on digital rights. The need for this research is due to the lack of a comprehensive legal regulation of new digital technologies, lack of uniform judicial practice on applying the legislation on digital rights. This paper considers and analyzes modern law enforcement approaches to cryptocurrency as an object of civil rights, to transactions with cryptocurrency, dissemination in the Internet of information about cryptocurrency as a virtual means of payment and saving in the territory of the Russian Federation, taxation of digital assets existing in litigation practice. The legal positions of the Bank of Russia, Rosfinmonitoring, FTA of Russia on problematic issues of digital rights are investigated.

Legal Framework of the Unified Information System Functioning in State and Municipal Procurement

2020 ◽  
Vol 15 (8) ◽  
pp. 136-145
Author(s):  
L. V. Andreeva
Keyword(s):  
Information System ◽  
Information Systems ◽  
Civil Rights ◽  
Information Technologies ◽  
Digital Technologies ◽  
Legal Framework ◽  
Document Management ◽  
State Information ◽  
Other Information ◽  
Main Component

Currently, in the context of information technologies development and the transition to the digital technologies application in the economy and public administration, the importance of information systems, including state information systems, is increasing. In the field of state and municipal procurement, an information infrastructure has been created, the main component of which is the state unified information system (UIS), which has significant features compared to other state information systems, the effective functioning of which is of great importance to ensure the entire procurement process. The purpose of the paper is to determine the legal nature and functions of the UIS, to study the features of interaction with other information systems and the prospects for its development in the context of the digital technologies application. This goal assumes the solution of the following tasks: analysis of regulatory legal acts that establish the rules for the functioning of the UIS; determination of common features of the UIS with other state information systems and its distinctive features; study of forms of interaction of information systems with the UIS; analysis of the effectiveness of the organization of electronic document management by means of UIS; development of proposals for improving the rules for the UIS functioning.As a result of the study, it was concluded that the implementation of civil rights and obligations in the field of state and municipal procurement is carried out through the EIS; the features of the EIS as a multifunctional state information system are determined and a conclusion is made about its uniqueness; suggestions were made on the application of measures to improve the functioning of the ENI, and the use of digital technologies in the field of procurement.

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