scholarly journals A Synopsis on Data Protection under the Nigerian Laws: Has the Universality of Right to Privacy Trickled Down to Nigeria?

2020 ◽  
Author(s):  
ABBA ELGUJJA
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Personal Data ◽  
African Union ◽  
Economic Community ◽  
Right To Privacy ◽  
Human Right ◽  
Personal Data Protection ◽  
Data Protection Law ◽  
Privacy And Confidentiality

The concept of personal data protection is no doubt, an off-shoot of the universal human right to privacy and confidentiality. Not only has it been ingrained under Article 12 of the Universal Declaration of Human Rights, but it has also been incorporated into most of the regional human rights conventions, charters, and treaties, except, of course, the African Charter on Human Rights (ACHR) to which Nigerian affiliates with. Despite its conspicuous absence in the ACHR, the revolution in the internet and information management technologies have prompted the African Union (AU), and the Economic Community of West Africa States (ECOWAS) to, respectively, create Convention and Act to regulate the processing of personal data.However, Nigeria has neither incorporated these treaties nor enacted a comprehensive data protection law. At best, Nigeria has a Data Protection Regulations, a Data Protection Bill, and scattered pieces of legislation regulating specific aspects of the processing of personal data.The question is, has the universal human right to privacy effectively trickled down to Nigeria? This chapter captures the issues at stake, and attempts to proffer suggestion.

scholarly journals Privacy and the concept of generations of human rights

2020 ◽  
pp. 255-258
Author(s):  
Taras Sofiiuk
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Human Life ◽  
Personal Data ◽  
Right To Privacy ◽  
Human Right ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
Personal Rights ◽  
The Right

The article studies the approaches to the concept of the «private sphere» of human life that are present in legal thought. Attentionhas been paid to the principles on the basis of which the human rights and freedoms in interstate relations are protected. The circumstancesthat are important for finding the optimal correlation between the human right to personal data protection and the right to informationare considered. The theoretical approaches to the concept of «three generations» of human rights that are present in legal thoughtare studied. The description of different generations of human rights is given. The discussions on the third generation of human rightswhich are ongoing and show that the list of human rights is not permanent and can be extended are considered. The consideration isgiven to the need to ensure human rights in the information society. Attention is paid to the issue of distinctive features of the «personalrights» category. It is indicated that personal rights are usually attributed to the so-called first generation of rights (in accordance withthe historical stages of affirmation of rights). The circumstances under which the right to respect for privacy arose are clarified. Thephenomenons that form the basis of the right to privacy of personal information and of the awareness of the concept of the «privatesphere» of human life are highlighted. The emergence of the right to respect for privacy as a broader category, which later became thebasis for the development of an independent legal institution of personal data is considered. The history of judicial approbation of thefirst concept of the right to privacy in the United States is reflected. The problematic aspects of legal formation of the right to privacyare considered. The position that is present in legal thought according to which it is advisable to divide the general problem of protectinghuman privacy into sectors that require separate legislative regulation is studied. It is stated that the «personal rights» category meansthat the subject has such acts that ensure his or her autonomy, priority of internal, individual guidelines. The measures that can help tosolve the problems related to finding an optimal correlation between the human right to personal data protection and the right to informationare proposed.

DIGITAL RIGHTS — NEW GENERATION OF HUMAN RIGHTS?

2019 ◽  
Vol 14 (5) ◽  
pp. 141-167
Author(s):  
NATALIA V. VARLAMOVA
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Data Protection ◽  
Personal Data ◽  
Right To Privacy ◽  
Digital Rights ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
Right To Be Forgotten ◽  
The Right

Among the digital rights, besides the right for internet access that was the subject of consideration in the first part of the article, there are also a right to per-so nal data protection and a right to be forgotten (right to erasure).The right to personal data protection is usually enshrined at the supranational and national levels and is protected by the courts as an aspect of the right to privacy. As an independent fundamental right of a constitutional nature the right to personal data protection is enshrined in EU law. Nevertheless, all attempts to doctrinally justify the existence of certain aspects of this right, beyond the claims to the right to privacy, can not be considered successful. The Court of Justice of the EU, while dealing with the relevant cases in order to determine whether certain methods of processing personal data are legitimate, also refers to the right to privacy, considering these rights to be closely interrelated. The right to personal data protection provides additional (including procedural) guarantees of respect for privacy, human dignity and some other rights, but the purpose of these guarantees is precisely the content of the providing rights. The right to be forgotten (right to erasure) is one of the positive obligations with regard to the personal data protection. This right implies correction, deletion or termination of the processing of personal data at the request of their subject in the presence of a reason for this (when the relevant actions are carried out in violation of the principles of data processing or provisions of the legislation). Analogs of this right are the Latin American orders of habeas data, as well as the right of a person to demand the refutation of information discrediting his honor, dignity and business reputation, in case of their inconsistency with reality under civil law and the legislation on mass media. In digital age the importance of this right is increased by the fact that information posted on the Internet remains easily accessible for an indefinite, almost unlimited, time.This caused the extension of the right to be forgotten to information that is consistent to reality, but has lost its relevance and significance, however, continues to have an adverse impact on the reputation of the person concerned. At the same time, the realization of the right to be forgotten in respect of information posted online is connected with a number of technical problems that require legal solutions.In general, digitalization does not create new human rights of a fundamentally different legal nature. It only actualizes or smooths certain aspects of long-recognized rights, transfers their operation into the virtual space, creates new opportunities for their realization and generates new threats to them. Ensuring human rights in modern conditions involves the search for adequate legal solutions, taking into account the opportunities and limitations generated by digital technologies.

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

Importance of Personal Data Protection Law for Commercial Air Transport

2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura
Keyword(s):  
Data Protection ◽  
Public Information ◽  
Personal Data ◽  
Air Transport ◽  
Civil Aviation ◽  
Aviation Industry ◽  
Personal Data Protection ◽  
It Systems ◽  
Data Protection Law ◽  
The Law

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.

Indonesian cybersecurity faces geopolitical hurdles

2021 ◽  
Keyword(s):  
United States ◽  
Civil Society ◽  
Data Protection ◽  
Personal Data ◽  
The United States ◽  
Digital Economy ◽  
Content Type ◽  
Personal Data Protection ◽  
State Surveillance ◽  
Data Protection Law

Significance Such programmes contribute not only to Indonesia’s efforts to boost the cyber readiness of its booming digital economy, but are also designed to maintain China's friendly relations with South-east Asia’s largest economy amid the intensifying technology tensions between China and the United States. Impacts The Personal Data Protection Law would need to clarify key provisions and concepts to be effective. The BSSN’s extensive powers will fuel civil society concerns about excessive state surveillance. Turning down Chinese technology suppliers carries cost and wider economic ramifications for Jakarta.

scholarly journals Personas datu aizsardzības mērķis un tiesiskā regulējuma vēsturiskā attīstība

2019 ◽  
Vol 1 (13) ◽  
pp. 104-109
Author(s):  
Agnese Reine-Vītiņa
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
European Countries ◽  
Population Census ◽  
Federal Republic Of Germany ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Government ◽  
The Right

Mūsdienās tiesības uz privāto dzīvi nepieciešamas ikvienā demokrātiskā sabiedrībā, un šo tiesību iekļaušana konstitūcijā juridiski garantē fiziskas personas rīcības brīvību un vienlaikus arī citu – valsts pamatlikumā noteikto – cilvēka tiesību īstenošanu [5]. Personas datu aizsardzības institūts tika izveidots, izpratnes par tiesību uz personas privātās dzīves neaizskaramību saturu paplašinot 20. gadsimta 70. gados, kad vairāku Eiropas valstu valdības uzsāka informācijas apstrādes projektus, piemēram, tautas skaitīšanu u. c. Informācijas tehnoloģiju attīstība ļāva arvien vairāk informācijas par personām glabāt un apstrādāt elektroniski. Viena no tiesību problēmām bija informācijas vākšana par fizisku personu un tiesību uz privātās dzīves neaizskaramību ievērošana. Lai nodrošinātu privātās dzīves aizsardzību, atsevišķas Eiropas valstis pēc savas iniciatīvas pieņēma likumus par datu aizsardzību. Pirmie likumi par personas datu aizsardzību Eiropā tika pieņemti Vācijas Federatīvajā Republikā, tad Zviedrijā (1973), Norvēģijā (1978) un citur [8, 10]. Ne visas valstis pieņēma likumus par datu aizsardzību vienlaikus, tāpēc Eiropas Padome nolēma izstrādāt konvenciju, lai unificētu datu aizsardzības noteikumus un principus. Nowadays, the right to privacy is indispensable in every democratic society and inclusion of such rights in the constitution, guarantees legally freedom of action of a natural person and, simultaneously, implementation of other human rights established in the fundamental law of the state. The institute of personal data protection was established by expanding the understanding of the content of the right to privacy in the 70’s of the 19th century, when the government of several European countries initiated information processing projects, such as population census etc. For the development of information technology, more and more information on persons was kept and processed in electronic form. One of the legal problems was gathering of information on natural persons and the right to privacy. In order to ensure the protection of privacy, separate European countries, on their own initiative, established a law on data protection. The first laws on the protection of personal data in Europe were established in the Federal Republic of Germany, then in Sweden (1973), Norway (1978) and elsewhere. Not all countries adopted laws on data protection at the same time, so the Council of Europe decided to elaborate a convention to unify data protection rules and principles.

Gender-based cybercrime is likely to rise in India

2021 ◽  
Keyword(s):  
Civil Society ◽  
Data Protection ◽  
Personal Data ◽  
Content Type ◽  
Digital Platforms ◽  
Customer Base ◽  
Personal Data Protection ◽  
Online Safety ◽  
Data Protection Law ◽  
Gender Based

Significance The experience of surfing the net is vastly different for women, who have been disproportionately at the receiving end of cybercrimes that undermine their safety online. As elsewhere, the forms of online offence included bullying, stalking, impersonation and non-consensual pornography. Impacts Lack of online safety will limit the female customer base of digital platforms. Entrenched weaknesses of the judicial systems impede reporting and conviction of cybercrime. Civil society demands for a personal data protection law will rise.

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