PRIVACY PROBLEM IN A DIGITAL EPOCH

2020 ◽  
pp. 36-50
Author(s):  
Irina Aseeva
Keyword(s):  
Information And Communication Technologies ◽  
Consumer Choice ◽  
Personal Information ◽  
Personal Data ◽  
Modern Society ◽  
Private Life ◽  
The Right To Privacy ◽  
Democratic State ◽  
Privacy Problem ◽  
The Right

Being an inalienable right of a citizen of a democratic state, the right to privacy of life in the digital age is exposed to constant intrusions and encroachments. Private life is becoming an object of interest for the public, state intelligence agencies, commercial organizations, and crime, who have received the opportunity through information and communication technologies not only to look after a person through correspondence and analysis of personal data, but also to manipulate consumer choice, generate demand, track movements and contacts. At the same time, as the results of sociological studies show, modern society itself is becoming more open, and users of Internet resources give the important personal information, often voluntarily post terabytes of photos and videos, losing the border between privacy and publicity, morally acceptable and legally prohibited.

The Right to Privacy and the Protection of Personal Data in a Digital Era and the Age of Information

2012 ◽  
pp. 34-45
Author(s):  
William Bülow ◽  
Misse Wester
Keyword(s):  
Empirical Evidence ◽  
Personal Information ◽  
Personal Data ◽  
Modern Society ◽  
Right To Privacy ◽  
Policy Makers ◽  
The Right To Privacy ◽  
Digital Era ◽  
The Individual ◽  
The Right

As information technology is becoming an integral part of modern society, there is a growing concern that too much data containing personal information is stored by different actors in society and that this could potentially be harmful for the individual. The aim of this contribution is to show how the extended use of ICT can affect the individual’s right to privacy and how the public perceives risks to privacy. Three points are raised in this chapter: first, if privacy is important from a philosophical perspective, how is this demonstrated by empirical evidence? Do individuals trust the different actors that control their personal information, and is there a consensus that privacy can and should be compromised in order to reach another value? Second, if compromises in privacy are warranted by increased safety, is this increased security supported by empirical evidence? Third, the authors will argue that privacy can indeed be a means to increase the safety of citizens and that the moral burden of ensuring and protecting privacy is a matter for policy makers, not individuals. In conclusion, the authors suggest that more nuanced discussion on the concepts of privacy and safety should be acknowledged and the importance of privacy must be seen as an important objective in the development and structure of ICT uses.

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

AUTONOMY AND INFORMATIONAL PRIVACY, OR GOSSIP: THE CENTRAL MEANING OF THE FIRST AMENDMENT

2004 ◽  
Vol 21 (2) ◽  
pp. 215-268 ◽  
Author(s):  
C. Edwin Baker
Keyword(s):  
Private Information ◽  
Personal Information ◽  
Modern Society ◽  
Press Freedom ◽  
Informational Privacy ◽  
The Right To Privacy ◽  
Private Lives ◽  
Central Meaning ◽  
Normative Argument ◽  
The Right

My thesis is simple. The right of informational privacy, the great modern achievement often attributed to the classic Samuel Warren and Louis Brandeis article, “The Right to Privacy” (1890), asserts an individual's right not to have private personal information circulated. Warren and Brandeis claimed that individual dignity in a modern society requires that people be able to keep their private lives to themselves and proposed that the common law should be understood to protect this dignity by making dissemination of private information a tort. As broadly stated, this right not to have private information distributed directly conflicts with a broadly conceived freedom of speech and of the press. My claim is that, in cases of conflict, the law should reject the Warren and Brandeis innovation. Speech and press freedom should prevail; the privacy tort should be ignored. This conclusion requires a normative argument concerning the appropriate basis and status of speech freedom that this essay will not really provide but for which I have argued elsewhere. Here, instead, I will describe that theory of speech freedom, explore its implications for informational privacy, and finally suggest some reasons to think that rejection of the privacy tort should not be so troubling and is, in fact, pragmatically desirable.

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.

scholarly journals Automatic Curation of Court Documents: Anonymizing Personal Data

Information ◽  
2022 ◽  
Vol 13 (1) ◽  
pp. 27
Author(s):  
Diego Garat ◽  
Dina Wonsever
Keyword(s):  
Sequence Data ◽  
Personal Information ◽  
Personal Data ◽  
Published Data ◽  
Special Focus ◽  
Biological Databases ◽  
Biological Sequence ◽  
The Right To Privacy ◽  
Access To Data ◽  
The Right

In order to provide open access to data of public interest, it is often necessary to perform several data curation processes. In some cases, such as biological databases, curation involves quality control to ensure reliable experimental support for biological sequence data. In others, such as medical records or judicial files, publication must not interfere with the right to privacy of the persons involved. There are also interventions in the published data with the aim of generating metadata that enable a better experience of querying and navigation. In all cases, the curation process constitutes a bottleneck that slows down general access to the data, so it is of great interest to have automatic or semi-automatic curation processes. In this paper, we present a solution aimed at the automatic curation of our National Jurisprudence Database, with special focus on the process of the anonymization of personal information. The anonymization process aims to hide the names of the participants involved in a lawsuit without losing the meaning of the narrative of facts. In order to achieve this goal, we need, not only to recognize person names but also resolve co-references in order to assign the same label to all mentions of the same person. Our corpus has significant differences in the spelling of person names, so it was clear from the beginning that pre-existing tools would not be able to reach a good performance. The challenge was to find a good way of injecting specialized knowledge about person names syntax while taking profit of previous capabilities of pre-trained tools. We fine-tuned an NER analyzer and we built a clusterization algorithm to solve co-references between named entities. We present our first results, which, for both tasks, are promising: We obtained a 90.21% of F1-micro in the NER task—from a 39.99% score before retraining the same analyzer in our corpus—and a 95.95% ARI score in clustering for co-reference resolution.

Protecting Citizen Privacy in Digital Government

2011 ◽  
pp. 1358-1363
Author(s):  
R R. Arnesen
Keyword(s):  
Data Collection ◽  
Privacy Protection ◽  
Personal Information ◽  
Single Point ◽  
Personal Data ◽  
Digital Government ◽  
Government Services ◽  
The Right To Privacy ◽  
Privacy Legislation ◽  
The Right

Protecting the privacy of citizens is a critical issue in digital government services. The right to privacy is widely recognized as a fundamental human right, as stated in Article 12 of the Universal Declaration of Human Rights (United Nations, 1948). The first definition of privacy was given by American lawyers Warren and Brandeis (1890), who defined it as “the right to be let alone.” However, the right to privacy has been recognized for millenniums. The Hippocratic oath (n.d.) dates back to around 400 B.C. and instructs medical doctors to respect the privacy of their patients. During the last three decades, many countries have passed privacy legislation, the Swedish Data Act from 1973 being the first national privacy act in the world. During the 1970s, many countries adopted data protection acts (Fischer-Hübner, 2001). In 1980, OECD published its privacy guidelines with the purpose of reducing the potential privacy problems incurred by cross-border trade (OECD, 1980). The European Council adopted Directive 95/46/EC in 1995, and all member states are required to implement national privacy legislation in compliance with this directive (European Union (EU) Directive 95/46/EC, 1995). Privacy is under increasing pressure in the digital age, and the introduction of digital government services may escalate this development. The way government has been organized until now, with separate departments with their own “silos” of personal data, has inherently provided some privacy protection. In such a distributed environment data matching is expensive and resource consuming. This form of privacy protection is referred to as “practical obscurity” in Crompton (2004, p.12). Some examples of threats to privacy related to the development of digital government are as follows: • Data collection capabilities increase as new technology for continuous and automatic data collection is introduced. Examples of such technologies include digital video surveillance, biometric identification and radio frequency identification (RFID). • Data processing capabilities are rapidly increasing. The very existence of large amounts of stored personal data, together with the availability of sophisticated tools for analysis, increases the probability for misuse of data. • There is a trend towards integration of formerly separated governmental services, including physical offices. Providing a single point of contact is more user friendly, but it may also provide an attacker with a single point of attack. • Outsourcing of services (e.g., customer relationship management) is increasingly popular both among companies and governmental organizations. Those who deliver such services to many customers have a unique opportunity to gather personal information from many different sources. If services are outsourced across country borders, and perhaps in several layers, responsibilities soon become unclear. • Even if the organization responsible for stored personal information does not have malicious intents, one cannot expect all its employees to be equally trustworthy. Disloyal employees are a severe threat when increasing amounts of information are stored. • Tax records and other public records made available on the Internet enable efficient searches and aggregation of information about individuals. Identity thefts and fraud are common uses of information gathered in this way.

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

scholarly journals UIDAI Aadhar Enrollment with P2P Blockchain Technologies

2019 ◽  
Vol 9 (2S) ◽  
pp. 720-723
Keyword(s):  
Big Data ◽  
Data Protection ◽  
Personal Information ◽  
Personal Data ◽  
Sensitive Data ◽  
Encrypted Data ◽  
The Right To Privacy ◽  
Privacy Act ◽  
Distributed Ledger ◽  
The Right

Blockchain technologies are becoming more popular in securing the sensitive data such as government holding citizens’ s wealth, health and personal information. A blockchain is a shared encrypted data of records, consisting of a ledger of transactions. As the data stored in blockchain is tamper proof, it is proposed to implement new Aadhar enrolments with P2P Blockchains and migrate the existing centralized Aadhar personnel’s personal data from the conventional RDBMS / Big data system repositories to distributed ledger technologies by creating private blockchains. In this paper, we will discuss how to provide security for Aadhar card enrolment data using blockchain architectures. A blockchain-based Aadhaar would help UIDAI in truly complying with the data protection and privacy stipulations outlined in the Right to Privacy Act judgment

Sign in / Sign up

Export Citation Format

Share Document