scholarly journals Personal data as a substitute of protection of the right to the independence of private life

2017 ◽  
Vol 2017 (884) ◽  
pp. 120-126
Author(s):  
Sergе Esimov
Keyword(s):  
Personal Data ◽  
Private Life ◽  
The Right

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.

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

Ensure the Inviolability of Personal Life in the Conduct of Police Preventive Activities

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 51-59
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Human Beings ◽  
National Courts ◽  
European Court ◽  
Principle Of Proportionality ◽  
The Right

The paper addresses the basic rights and freedoms guaranteed by the Constitution of Georgia, in particular, issues related to personal data. The development of information technology has had a significant impact on the dangers of illegal processing of personal data. The European Court of Human Rights considers the inviolability of private life as a precondition for human autonomy, independent development and protection of human dignity. According to the norms of international law, the right to respect for private life is recognized as one of the most important and fundamental rights, the protection of which is indicated by the legislation of Georgia. The aim of the paper is to analyze the legislation and practice of police law in the field of protection of the right to privacy and to offer relevant recommendations, taking into account the standards set by European and national courts. Human rights legislation must ensure the protection of all human beings against the abuse of state power. Interference with rights must be based on the principle of proportionality. The use of policing should not pose an excessive threat of fundamental human rights violations. Interference with a particular right must be done under principle of proportionality to achieve a certain public good. In clarifying the issue of alleged violation of the right, special attention should be paid to the severity and probability of the expected threat to legal good. The Constitution of Georgia, EU and Council of Europe data protection standards, national legislation, as well as the case law of the European Court of Human Rights and the National Constitutional Court are analyzed around the topic. In addition, the reports of the State Inspector, the Public Defender and the relevant scientific literature are used to study the above issues.

Artificial Intelligence (AI) at Schengen Borders: Automated Processing, Algorithmic Profiling and Facial Recognition in the Era of Techno-Solutionism

2021 ◽  
Vol 23 (4) ◽  
pp. 457-484
Author(s):  
Niovi Vavoula
Keyword(s):  
Artificial Intelligence ◽  
Information Systems ◽  
Facial Recognition ◽  
Personal Data ◽  
Legal Framework ◽  
Private Life ◽  
Fundamental Rights ◽  
Legal Analysis ◽  
The Right ◽  
The Eu

Abstract Since the past three decades, an elaborate legal framework on the operation of EU-Schengen information systems has been developed, whereby in the near future a series of personal data concerning almost all third-country nationals (TCN s) with an administrative or criminal law link with the EU/Schengen area will be monitored through at least one information system. This article provides a legal analysis on the embedment of Artificial Intelligence (AI) tools at the EU level in information systems for TCN s and critically examines the fundamental rights concerns that ensue from the use AI to manage and control migration. It discusses automated risk assessment and algorithmic profiling used to examine applications for travel authorisations and Schengen visas, the shift towards the processing of facial images of TCN s and the creation of future-proof information systems that anticipate the use of facial recognition technology. The contribution understands information systems as enabling the datafication of mobility and as security tools in an era whereby a foreigner is risky by default. It is argued that a violation of the right to respect for private life is merely the gateway for a series of other fundamental rights which are impacted, such as non-discrimination and right to effective remedies.

scholarly journals The Contributions Of CJEU In The Name Of The Principle Of Balancing – A Test Of The Role Of The Court?

2015 ◽  
Vol 21 (2) ◽  
pp. 472-478
Author(s):  
Gina Orga-Dumitriu
Keyword(s):  
Freedom Of Expression ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Eu Law ◽  
Effective Protection ◽  
Fundamental Freedoms ◽  
The Right ◽  
The Eu

Abstract From the traditional functions of the general principles of the EU law – of interpretation, completion of the gaps and legality control, the principle of balancing seems to meet the most the exigencies of the first of these. The limits of the role of CJEU are certainly put to the test when it is called to settle conflicts between fundamental rights/fundamental freedoms. The trends formulated in Schmidberger (on the conflict between the free circulation of the commodities and the freedom of expression) or Promusicae (on the conflict between the right to the effective protection of the intellectual property and the right to the respect of the private life and the protection of the personal data) are more than illustrative. The doctrine assessments of the action of this principle reflect three fields in which the applicability thereof tends to reserve to the Court a role that is susceptible of creating controversies on its traditional extension. According to the authorized voice of Professor Norbert Reich, the balancing in the jurisprudence on the abusive clauses, the balancing for the avoidance of excessive protection and the balancing in social conflicts (making visible an aggravation of the conflict between fundamental rights and fundamental freedoms) are concerned.

scholarly journals Features and trends in the development of civil law protection of the private life of citizens in the Russian Federation

nauka.me ◽  
2021 ◽  
pp. 43
Author(s):  
Anastasia Aleksashina
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Personal Data ◽  
Private Life ◽  
The Right To Privacy ◽  
Private Lives ◽  
The Russian Federation ◽  
The Moment ◽  
The Many ◽  
The Right

The computerisation of society affects all areas of human activity, including people's private lives. New ways of communicating and interacting with people, along with the many benefits, give rise to new ways of assaulting personal data. This means that there is a need to protect the right to privacy through both normative and technical means. This article reviews the most acute issues and specific features of civil law protection of privacy in Russia at the moment.

Bridge Is Down, Data Truck Can’t Get Through …

2017 ◽  
Author(s):  
Oreste Pollicino ◽  
Marco Bassini
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
The European Union ◽  
Technological Environment ◽  
Court Of Justice ◽  
The Us ◽  
Charter Of Fundamental Rights ◽  
The Right

The decision of the Court of Justice in Schrems follows the Digital Rights Ireland and Google Spain stances in the Court process of revisiting the data protection framework in Europe in light of the Charter of Fundamental Rights of the European Union. Through the invalidation of Decision 2000/520/EC of the Commission on the adequacy of the US safe harbor principles, the Court of Justice has relied on a very extensive interpretation of the right to private life and data protection. As in the former decisions that have let emerge the existence of a new digital right to privacy, this judgment mirrors some degree of manipulation by the Court of Justice, justified by the goal of protecting as much as possible personal data in the new technological environment.

Legal Regime of Personal Data

10.12737/6584 ◽  
2014 ◽  
Vol 2 (12) ◽  
pp. 0-0
Author(s):  
Людмила Терещенко ◽  
Lyudmila Tyeryeyenko ◽  
Олег Тиунов ◽  
Olyeg Tiunov
Keyword(s):  
Personal Data ◽  
Private Life ◽  
Legal Regime ◽  
European Court ◽  
Family Secret ◽  
Data Definition ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
The Given

The personal data is carried to a category of the confidential information, the interdiction for gathering, storage, use and distribution of the information on private life is established, and is equal to the information breaking personal secret, family secret, secret of correspondence, telephone negotiations, post, cable and other messages of the physical person without its consent, except as on the basis of the judgement. Article is devoted the analysis of bases of a legal regime of the personal data, problems of application of the legislation on the personal data, definition of tendencies in development of the legislation on the personal data, including the right of a response the subject of the personal data of the consent to their processing, to search of balance of interests of the subject of the personal data and societies. In article judiciary practice, including decisions of the European Court under Human Rights in the given sphere also is analyzed. Presence of different lines of thought in the decision of the affairs connected with granting of the personal data is shown.

scholarly journals Tindak Pidana Informasi Elektronik Dalam Kerangka Hukum Positif

2021 ◽  
Vol 16 (1) ◽  
pp. 92-111
Author(s):  
Rio Armanda Agustian ◽  
Jeanne Darc Noviayanti Manik
Keyword(s):  
Information Technology ◽  
Cultural Values ◽  
Personal Data ◽  
Private Life ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Electronic Transactions ◽  
The Right ◽  
Media And Communication

Act No. 11 of 2008 on Information and Electronic Transactions is the first Act  in the field of information technology and electronic transactions as a product of much-needed legislation and has become the spearhead that lays the groundwork for regulation in the field of technology utilization, although now during the implementation of the ITE Act experienced some problems regarding legal certainty about criminal provisions after the decision Constitutional Court, protection personal data and criminal investigation. Method in this study is normative juridical with a statutory and conceptual approach. Government supports the development of IT through its legal infrastructure and arrangements so that the use of IT is carried out safely to prevent its misuse by paying attention to the religious and socio-cultural values of Indonesian people. Side of protection and legal certainty in the use of information technology, media, and communication in order to develop optimally. Protection of personal data in conducting activities in cyberspace can be the right to enjoy a private life and free from all kinds of interference, right to be able to communicate with others without the act of spying and right to supervise access to information about one's personal life and data.

scholarly journals The Right to Privacy and Data Protection in the Information Age

2020 ◽  
pp. 1576-1589
Author(s):  
Tigran D. Oganesian
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Personal Data ◽  
Private Life ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
User Data ◽  
The Right ◽  
Mass Surveillance

The article considers the legality of mass surveillance and protection of personal data in the context of the international human rights law and the right to respect for private life. Special attention is paid to the protection of data on the Internet, where the personal data of billions of people are stored. The author emphasizes that mass surveillance and technology that allows the storage and processing of the data of millions of people pose a serious threat to the right to privacy guaranteed by Article 8 of the ECHR of 1950. Few companies comply with the human rights principles in their operations by providing user data in response to requests from public services. In this regard, States must prove that any interference with the personal integrity of an individual is necessary and proportionate to address a particular security threat. Mandatory data storage, where telephone companies and Internet service providers are required to store metadata about their users’ communications for subsequent access by the law enforcement and intelligence agencies, is neither necessary nor proportionate. The author analyses the legislation of some countries in the field of personal data protection, as well as examples from practice. Practice in many States is evidence of the lack of adequate national legislation and enforcement, weak procedural safeguards and ineffective oversight, which contributes to widespread impunity for arbitrary or unlawful interference with the right to privacy. In conclusion, we propose a number of measures aimed at improving the level of personal data protection in accordance with the international standards. In order to provide guarantees and a minimum level of adequate data protection in the face of new challenges to human rights in an ever-changing digital environment, the author proposes to solve a number of pressing issues. Firstly, States should not have the right to ask companies for and have absolute access to user data without a court order. Secondly, the process of sending a request and receiving data from a telecommunications company should be regulated in detail and transparent. The availability of specialized judges with technical expertise shall be valuable

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