scholarly journals Legal Challenges in the face of the Decisive Transformation of the Media

2020 ◽  
Vol 12 (2) ◽  
pp. 38-63
Author(s):  
Mireia Moreso Cantalejo
Keyword(s):  
Latin American ◽  
Business Models ◽  
New Technologies ◽  
Personal Data ◽  
Point Of View ◽  
Effective Response ◽  
Digital Platforms ◽  
The Face ◽  
Right To Information ◽  
The Right

Purpose ”“ Approach and analyze the technological industries in society, as a global society, and how it is approached from the legal point of view. This study aims to make an analysis of the social context and technological progress and determine what main legal problems arise. There is also the purpose of investigating what impact new technologies have had in the audiovisual industry globally, taking into account the emergence of new digital business models, in order to determine their legal nature. Methodology ”“ The methodology used is mainly based on the analysis of the different Laws that regulate the digital market. The approach has been directed at European claims to respond to new digital models and discover if the result has had an effective application on citizens. Findings ”“ The study sets out as objectives achieved cross-border access of audiovisual platforms in the European territorial area. Objective met in a positive way but still with many inconveniences. It is noted a clear advantage for users, but with universal challenges, such as the exploitation of audiovisual content within the Right to information. Practical Implications ”“ If the laws were more current, companies and technological industries could give a more effective response to society, while creating wealth. It also shows the comparison between a European system, more protectionist towards the user, for example, with the protection of personal data, with respect to the Latin American system law. These differences impact economically differently in each country. Originality ”“ The study detects the most fragile points, the current conflicts of the digital platforms and shows the lines to follow through public policies.

scholarly journals Polish Employment Law in the Face of Digitization and New Technologies

2019 ◽  
pp. 118-131
Author(s):  
Ewa Suknarowska-Drzewiecka
Keyword(s):  
Industrial Revolution ◽  
New Technologies ◽  
Personal Data ◽  
Employment Relationship ◽  
Digital Platforms ◽  
Digital Revolution ◽  
Personal Rights ◽  
The Face ◽  
Definition Of ◽  
Control Work

The digital revolution, also called the fourth industrial revolution, constitutes another era of change, caused by the development of computerisation and modern technologies. It is characterised by rapid technological progress, widespread digitisation and an impact on all areas of life, including the provision of work. The changes affecting this area are so significant that there are proposals to remodel the definition of the employment relationship in the Labour Code. New forms of employment, which do not fit the conventional definition of an employment relationship, are emerging and gaining importance. An example could be employment via digital platforms. At the same time, there are also employment forms that do fit that definition, but deviate from the conventional understanding of the terms and conditions for performing work, which have undergone modification due to the use of new technologies. Teleworking, or working outside the employer’s premises, are examples of that. Employers get further opportunities to organise and control work, which often raises concerns due to the employee’s right to privacy, the protection of personal rights and personal data.

scholarly journals Relatório Macbride: Releitura à luz de ameaças ao direito à comunicação nas plataformas digitais.

2021 ◽  
pp. 62-78
Author(s):  
Lilian Bartira Santos Silva ◽  
◽  
Carla Azevedo de Aragão ◽  
Nelson De Luca Pretto
Keyword(s):  
Latin American ◽  
Open Architecture ◽  
Digital Networks ◽  
Human Right ◽  
Digital Platforms ◽  
Digital Network ◽  
The Face ◽  
The Right ◽  
Communication Policies ◽  
American Authors

With the digital network environments, the possibilities for interaction and participation have expanded significantly, inaugurating a significant and decentralized shift in the production and publication of narratives. The promise of horizontalization reveals the opening of communication channels pari passu to the idealization of a narrative counterpoint in the face of the centralization of traditional media, that is, a harbinger of the promotion of the human right to communication. However, the internet, which is born under the proposal of open architecture, is soon overtaken by business conglomerates. By appropriating digital networks, the proprietary capitalist policy complexifies the scenario, posing us with a question: would we be losing the possibilities of democratizing communication in digital spaces? Therefore, this work problematizes the (im) possibilities of promoting the right to communication on digital platforms. The theoretical discussion revisits the MacBride Report, prepared 40 years ago by UNESCO, which proposes the reduction of commercial influences in the organization of communications, defends national communication policies and ratifies communication as a human right, pointing out its prognoses about the impacts of technology and its setbacks in countries considered underdeveloped, demarcating congruences with theories of communication developed by leading Latin American authors in the debate on the human right to communication: Bordenave (1989), Freire (2005), Peruzzo (2005) and Marques de Melo ( 2008) and theorists of digital sociology, among them, Lupton (2015), Selwyn (2019), Morozov (2018) and Silveira (2019).

scholarly journals Contra o capital, em nome da humanidade: o sentido ético e político da luta pelo direito à informação

2017 ◽  
Vol 26 ◽  
Author(s):  
Sylvia Debossan Moretzsohn
Keyword(s):  
New Technologies ◽  
Ethical Perspective ◽  
Brazilian Society ◽  
The Face ◽  
Public Voice ◽  
Culture Of Silence ◽  
Right To Information ◽  
The Right ◽  
Political Character

As the contradictions of capitalism push humanity to the brink of barbarism, the formulation of alternatives is an urgency that concerns the very survival of the species. But people need to know that these alternatives exist, to understand that it is worth fighting for them. Commanded by the great interests of capital, however, the infotelecommunications complex blocks these possibilities, while at the same time doing its systematic work of ideological dissemination. From this approach, and guided by the ethical perspective of human emancipation to which Marx dedicated his life, this article points out the ethical – and political – character of the struggle for the right to information and to public voice, and the priority of confronting the powerful infotelecommunication corporations. It shows the problems of this struggle in Brazilian society and its "culture of silence" tradition. It also discusses the recurring illusions of freedom in the face of new technologies. And it seeks to demonstrate why ethics is incompatible with a system that transforms people into commodities.

scholarly journals MEDICAL CONFIDENTIALITY DISCLOSURE IN CONDITIONS OF EPIDEMIC THREATS

2021 ◽  
Vol 74 (11) ◽  
pp. 2877-2883
Author(s):  
Tetiana O. Mykhailichenko ◽  
Oksana P. Horpyniuk ◽  
Victor Yu. Rak
Keyword(s):  
New Technologies ◽  
Personal Data ◽  
Medical Confidentiality ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
Judicial Practice ◽  
The Face ◽  
The Right ◽  
And Storage ◽  
Mass Collection

The aim: To establish public opinion on the limits of medical confidentiality in an epidemic and the widespread use of applications that contain personal data, including those regarding health, to understand the possibility of changing the paradigm of public policy to protect medical confidentiality in an exacerbation of the epidemic situation. Materials and methods: This research is based on regulatory acts, scientific articles, and opinions of both medical workers and ordinary citizens of Poland, Germany, and Ukraine, judicial practice, doctrinal ideas, and views on this issue. Such methods as dialectical, comparative, analytic, synthetic, comprehensive, statistical, and generalization. Results: the results of a survey of residents of Poland, Germany, and Ukraine showed that one of the pandemic consequences was that a significant number of respondents were willing to partially renounce the right to medical confidentiality in the face of exacerbating epidemic threats to reduce the number of infected. Conclusions: In the face of the SARS-Cov-2 virus, nations worldwide have faced the challenge of respecting the right to privacy, particularly in terms of medical confidentiality. Virtual methods of patient communication with healthcare professionals use mobile electronic services (applications), and other new technologies in the context of the COVID-19 pandemic have exacerbated the issue of understanding the boundaries of medical confidentiality and personal data protection. In order to maintain an effective balance between human rights and public health, the mass collection and storage of sensitive personal data must take place following the Regulation of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. At the same time, it is expedient to recommend states to specify specific provisions of this Regulation in order to avoid an expanded interpretation of certain of its provisions.

scholarly journals SCHENGEN BORDERS CODE IN THE ASPECT OF BORDER SECURITY

2021 ◽  
Vol 6 ◽  
pp. 56-64
Author(s):  
Artūrs Gaveika
Keyword(s):  
International Crime ◽  
Point Of View ◽  
Border Security ◽  
Public Security ◽  
Foreign Law ◽  
The Face ◽  
Migration Crisis ◽  
Free Movement Of Persons ◽  
The Right ◽  
Further Development

Latvia has joined the Schengen area in 2007 and has already passed three Schengen evaluations. The aim of the article is to analyse the Schengen Borders Code in the context of border security.  Based on analysis of the Schengen Borders Code implementation in Latvia the author develops and puts forward suggestions on Schengen Borders Code content improvement as well as  its judicial systematisation development. The research tasks include the investigation of the current EU and national normative regulations, legal practices, the conclusions of Latvian and foreign law researchers by using analytical, historical and comparative methods.The improvement of the national normative regulation was started long before Latvia's accession to the Schengen area. In 2006, the Schengen Borders Code entered into force, which was revised due to the migration crisis in the Mediterranean region and adopted in 2016 in an improved version. The further development of the Schengen Borders Code is important from the point of view of the right to free movement of persons and from the point of view of ensuring public security in the face of today's challenges related to terrorism, international crime, uncontrolled migration and the spread of disease.The main achievement of the research is that the author has defined the main areas of Schengen Borders Code further development. 

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.

scholarly journals SCHENGEN ACQUIS AND ITS IMPLEMENTATION IN LATVIA

2020 ◽  
Vol 3 (8) ◽  
pp. 100-112
Author(s):  
Artūrs Gaveika
Keyword(s):  
International Crime ◽  
Comparative Methods ◽  
Point Of View ◽  
Public Security ◽  
Main Achievement ◽  
Foreign Law ◽  
The Face ◽  
Free Movement Of Persons ◽  
The Right ◽  
Further Development

Latvia joined the Schengen area in 2007 and has already passed three Schengen evaluations. The novelty of the article is aimed at analysis of Schengen Acquis implementation in Latvia and offer suggestions on its further implementation development. The aim of the study is to develop and propose suggestions on Schengen Acquis content improvement and its judicial systematisation development. The research tasks are to investigate the current EU and national normative regulations, legal practices, the conclusions of Latvian and foreign law researchers by using analytical, historical and comparative methods. The improvement of the national normative regulation was started long before Latvia's accession to the Schengen area. The further development of the Schengen acquis is important from the point of view of the right to free movement of persons and from the point of view of ensuring public security in the face of today's challenges related to terrorism, international crime, uncontrolled migration and the spread of disease. The main achievement of the research is that the author has defined the main areas of Schengen Acquis development.

scholarly journals The scope of competition law in the digital economy

Pravovedenie ◽  
2019 ◽  
Vol 63 (4) ◽  
pp. 522-572
Author(s):  
Ioannis Lianos ◽  
◽  
Zingales Nicolo ◽  
Andrew McLean ◽  
Azza Raslan ◽  
...  
Keyword(s):  
Personal Data ◽  
Competition Law ◽  
Digital Economy ◽  
Competition Authority ◽  
Digital Platforms ◽  
Brics Countries ◽  
Explicit Consent ◽  
Data Portability ◽  
The Right ◽  
Interim Measures

The article reveals new problems arising in the digital economy and the need for antimonopoly regulation. It also analyzes the legal remedies and procedures for competition law in the context of digitalization. Redesigning competition law procedures for the digital economy can take two forms: 1) ensure the rate of competition law enforcement so as to avoid acting in situations when market tipping has already occurred and it is almost impossible to reverse the anticompetitive outcome; 2) develop remedial action that takes into account the scale of anticompetitive behavior, which might better reflect the complexity of digital markets. Competition authorities should consider utilizing interim measures and commitment decisions in the digital economy, both instruments playing a complementary role. Interim measures can be used within a revised framework with lower thresholds, but this should only be reserved for complicated and lengthy investigations where there is risk of irreversible harm to competition. These measures should be applied to the most harmful violations, such as cartels and abuse of dominance. Commitment decisions can be utilized to address less serious violations where it is also beneficial to the competition authority to reach a swift resolution. The article analyzes the division of companies as a way to eliminate violations. Division can take different forms and need not be structural. A certain ‘light-touch’ separation may be achieved by policies mandating that digital platforms not use personal data that has been harvested by the members of their ecosystems unless they have the explicit consent of their users. The article also addresses issues such as data portability and cross-platform compatibility. The authors have proved that the BRICS countries need to supplement their national legislation on the protection of personal data in terms of norms on their portability. Although it is not mainly designed as a tool to combat monopolies and market power, data portability will have a significant impact on competition in digital markets. Multisided digital platforms are characterized by a high network and lock-in effects. In a winner takes all, or most, where undertakings compete for the market rather than in the market, the right to data portability may provide some relief from the power that large digital platforms hold.

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 Prisoners' right to education: A philosophical survey

2014 ◽  
Author(s):  
John Vorhaus
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Point Of View ◽  
Respect For Persons ◽  
Human Right ◽  
Right To Education ◽  
The Face ◽  
The Right ◽  
International Conventions ◽  
And Training

Article 26 of the Universal Declaration of Human Rights declares: 'Everyone has the right to education.' This implies that the right to education and training applies to all persons, including all persons in prison. This position is considered here from a philosophical point of view and it will receive some support. Yet it is not obvious that the position is correct, nor, if it is, how it is best explained. I will examine the basis for asserting a right to education on behalf of all prisoners, and consider what is required by way of its defence in the face of common objections. I illustrate how international conventions and principles express prisoners' right to education, and I look at how this right is defended by appeal to education as a means to an end and as a human right – required by respect for persons and their human dignity.

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