scholarly journals THE DIGITAL ECONOMY AND THE QUEST FOR PRIVACY PROTECTION IN BANGLADESH: A COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 28 (2) ◽  
pp. 567-596
Author(s):  
Mohsin Dhali ◽  
Sonny Zulhuda ◽  
Suzi Fadhilah Ismail
Keyword(s):  
Legal Analysis ◽  
Right To Privacy ◽  
Right To Life ◽  
Constitutional Protection ◽  
The Right To Privacy ◽  
Right Of Privacy ◽  
Explicit Recognition ◽  
Information And Communication ◽  
The Right Of Privacy ◽  
The Right

The present unbridled advancement in the field of information and communication technology has resulted in individuals being thrust at a crossroad, where refusing to sacrifice one’s privacy would mean the denial of technological benefits. Concern for privacy begins once a child is born into this world where the right to privacy could now be argued needs to be considered as one of the basic human rights similar to other inalienable rights such as the right to life and liberties. Bangladesh is one of the countries that has not given explicit recognition to the right of privacy. This is evident from the absence of explicit indications of the right to privacy in the Constitution of Bangladesh and judicial interventions make the constitutional protection of privacy questionable. The purpose of the present study is to find out whether the right to privacy is in fact recognized and protected by the Constitution of Bangladesh by examining specific provisions in the Constitution of Bangladesh to locate provisions that could be relied on to show that a sliver of recognition could be given to the right of privacy in Bangladesh. This position is then compared to other jurisdictions, especially the common law jurisdictions. The study finds that although Article 43 of the Constitution guarantees limited protection that encompasses the right to privacy of home and correspondence but if read together with the right to life and liberty in Article 32, it could be argued that these are viable provisions in recognizing the right to privacy under the Constitution of Bangladesh.

Health and the Right to Privacy

1999 ◽  
Vol 25 (2-3) ◽  
pp. 193-201
Author(s):  
Paul Starr
Keyword(s):  
News Media ◽  
Sexual Relations ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Press ◽  
Right Of Privacy ◽  
The Right

When Louis Brandeis and Samuel Warren introduced the phrase “the right to privacy” as the title of an article in the Harvard Law Review in December 1890, they were primarily concerned about a right of privacy from the news media. “The press,” they wrote, “is overstepping in every direction the obvious bounds of propriety and of decency. Gossip is no longer the resource of the idle and of the vicious, but has become a trade, which is pursued with industry as well as effrontery. To satisfy a prurient taste the details of sexual relations are spread broadcast in the columns of the daily papers.”

scholarly journals Distinguishing Charter Rights in Criminal and Regulatory Investigations: What’s the Purpose of Analyzing Purpose?

2010 ◽  
pp. 93
Author(s):  
Christopher Sherrin
Keyword(s):  
Right To Privacy ◽  
Criminal Investigations ◽  
Constitutional Protection ◽  
The Right To Privacy ◽  
The Law ◽  
Compliance With The Law ◽  
The Right ◽  
Constitutional Protections

This article critically evaluates one of the main justifications for affording persons accused of regulatory offences constitutional protections different from those afforded to persons accused of criminal offences. It is only the latter who enjoy robust constitutional protection against self-incrimination and to privacy. This difference has been justified on the basis that there are different purposes behind regulatory and criminal investigations. The former are supposedly intended to ensure compliance with the law whereas the latter are supposedly intended to gather evidence for prosecution. This article challenges the validity of the justification based on purpose. The author suggests that focusing on investigatory purpose has no relevance to the interests protected by the right to privacy, offers no real protection against the admission of unreliable evidence, and undermines the very principle it is said to protect: the principle against self-incrimination. Moreover, the justification based on purpose misunderstands the purposes of both regulatory and criminal investigations and ignores the reality that in many instances they share the same purpose.

The Conservatism of the European Court of Humans Rights Regarding Abortions on Demand

2015 ◽  
pp. 185-196
Author(s):  
Pitsou Anastasia
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Right To Privacy ◽  
Right To Life ◽  
On Demand ◽  
The Right To Privacy ◽  
European Court ◽  
The Right

In this chapter, the authors negotiate the fact that the European Court of Human Rights (ECtHR) missed the opportunity to recognize the right to abortion under specific criteria that are harmonized with the right to life and the right to privacy. It obviously remains a triumph of nationalism and of religious power over human dignity.

Brief For Bioethicists For Privacy as Amicus Curiae Supporting Appellees

1989 ◽  
Vol 15 (2-3) ◽  
pp. 169-177
Author(s):  
George J. Annas ◽  
Leonard H. Glantz ◽  
Wendy K. Mariner
Keyword(s):  
Medical Ethics ◽  
Ad Hoc ◽  
Fundamental Principle ◽  
Patient Relationship ◽  
Amicus Curiae ◽  
Medical Decisions ◽  
Constitutional Protection ◽  
Right Of Privacy ◽  
The Right Of Privacy ◽  
The Right

Amicus is an ad hoc group of 57 philosophers, theologians, attorneys and physicians … who teach medical ethics to medical students and physicians. The members believe that permitting competent adults to make important, personal medical decisions in consultation with their physician is a fundamental principle of medical ethics, and that the doctor-patient relationship deserves the constitutional protection the Court has afforded it under the right of privacy.

CHANGING PERSPECTIVES OF SUPREME COURT INTERPRETATION ON RIGHT TO PRIVACY-WITH SPECIAL CONTEXT TO AADHAAR

2021 ◽  
pp. 58-61
Author(s):  
R. Mangayarkarasi
Keyword(s):  
Supreme Court ◽  
Modern Society ◽  
Right To Privacy ◽  
Right To Life ◽  
Clear Cut ◽  
The Past ◽  
The Right To Privacy ◽  
Frame Work ◽  
Entire World ◽  
The Right

The term privacy is considered to be the crucial term in our society which has emerged recently and our society has witnessed this term for the past few years. In the recent times, there has been numerous debates on the concept of right to privacy i.e. whether our constitution guarantees the right to privacy and its reasonable restrictions, its non-recognition by some courts and this right has been recognized by the other courts. Alot of Indian jurists has thought whether Art.21 which guarantees right to life includes right to privacy also. But there is no clear cut legal or theoretical frame work to help us in this context. According to Clinton Rossiter privacy is a special king of independence, which can be understood as an attempt to secure autonomy in at least a few personal and spiritual concerns, if necessary in deance of all the pressures of modern society. It is an attempt that is to say to do more than maintain a posture of self-respecting independence toward other men; it seeks to erect an unbreakable wall of dignity and reserve against the entire world. This paper deals with the concept of privacy and the constitutional validity of Aadhaar and Supreme court interpretation on different case laws related to right to privacy in India.

scholarly journals The Democratic Impact of Strengthening European Fundamental Rights in the Digital Age: The Example of Privacy Protection

2021 ◽  
Vol 22 (1) ◽  
pp. 31-44
Author(s):  
Sandra Seubert ◽  
Carlos Becker
Keyword(s):  
Privacy Protection ◽  
Fundamental Rights ◽  
Privacy Rights ◽  
Right To Privacy ◽  
Constitutional Protection ◽  
Communication Structures ◽  
The Right To Privacy ◽  
European Democracy ◽  
Strong Notion ◽  
The Right

AbstractIn times of digital pervasion of everyday life, the EU has strengthened a normative idea of European fundamental rights, especially by referring to a strong notion of privacy protection. A normative corridor is evolving with the “right to privacy” at its heart, a right that will be instrumental in shaping the European legal architecture’s future structure. In this Article we argue that the constitutional protection of privacy rights is not only of individual relevance but also of major democratic significance: it protects the integrity of the communication structures that underpin democratic self-determination. The debate on privacy protection, however, often lacks a democratic understanding of privacy and misses its public value. Following an interactionist understanding of privacy and a discourse-theoretical model of democracy, our argument puts forward a conceptual link between privacy and the idea of communicative freedom. From this perspective, the substantiation of a European fundamental right to privacy can be seen as a possible contribution to promoting European democracy in general.

scholarly journals Rekonsepsi Lembaga Pengawas terkait Perlindungan Data Pribadi oleh Korporasi sebagai Penegakan Hak Privasi berdasarkan Konstitusi

2021 ◽  
Vol 8 (2) ◽  
Author(s):  
Imas Novita Juaningsih ◽  
Rayhan Naufaldi Hidayat ◽  
Kiki Nur Aisyah ◽  
Dzakwan Nurirfan Rusli
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Privacy Rights ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
Library Research ◽  
Legal Perspective ◽  
Information And Communication ◽  
The Right

AbstractThe right to privacy is a personal right of every individual which must be protected by the state in accordance with the mandate of the constitution. Along with the development of information and communication technology, the discourse regarding the right to privacy has come under the spotlight again given the high intensity of personal data utilization, especially by corporations in the digital business era. This research will further analyze the use of consumer personal data by corporations from a legal perspective. The research method used is library research through a statute approach. The results of this study indicate that there is still obesity in regulations related to personal data protection in Indonesia, where the total reaches 30 regulations in various sectors. Moreover, this reality is exacerbated by the inadequacy of the Ministry of Communication and Information Technology (Kominfo) in conducting surveillance and investigations related to personal data protection. The result of all of this is the creation of legal loopholes that are often exploited to carry out crimes in the form of hacking and theft of personal data that harm consumers and the wider community. Therefore, there is a need for legal reform accompanied by a reconception of supervisory agencies regarding the protection of personal data as an integral part of upholding privacy rights in an era of constitutional disruption. Keywords: Personal Data Protection, Privacy Rights, Corporation, Constitution. AbstrakHak privasi merupakan hak pribadi setiap individu yang wajib dilindungi oleh negara sesuai dengan amanat konstitusi. Seiring dengan perkembangan teknologi informasi dan komunikasi, diskursus perihal hak privasi kembali mendapat sorotan mengingat tingginya intensitas pemanfaatan data pribadi, terutama oleh korporasi di era bisnis digital. Penelitian kali ini akan menganalisa lebih jauh terkait penggunaan data pribadi konsumen oleh korporasi dari perspektif hukumnya. Adapun metode penelitian yang digunakan adalah penelitian kepustakaan melalui pendekatan perundang-undangan (statute approach). Hasil dari penelitian ini menunjukkan bahwa masih terjadinya obesitas regulasi terkait perlindungan data pribadi Di Indonesia, dimana totalnya mencapai 30 Undang-Undang di berbagai sektor. Terlebih, realita tersebut semakin diperburuk dengan tidak optimalnya Kementrian Komunikasi dan Informatika (Kominfo) dalam melakukan pengawasan dan investigasi terkait perlindungan data pribadi. Akibat dari semua itu ialah terciptanya celah hukum yang kerap kali dieksploitasi untuk melancarkan kejahatan berupa peretasan dan pencurian data pribadi yang merugikan konsumen serta masyarakat dalam cakupan yang lebih luas. Oleh karena itu, diperlukannya reformasi hukum yang diiringi dengan rekonsepsi lembaga pengawas terkait perlindungan data pribadi sebagai bagian integral dari penegakan hak privasi di era disrupsi berdasarkan konstitusi. Kata kunci: Perlindungan Data Pribadi, Hak Privasi, Korporasi, Konstitusi. 

scholarly journals Comparison between the U.S. and Another Country’s Law of Privacy: Taking China and Britain for Example

2021 ◽  
Author(s):  
Shi Hu ◽  
Keyword(s):  
Public Interest ◽  
Basic Belief ◽  
Public And Private ◽  
The Public ◽  
The Right To Privacy ◽  
Individual Personality ◽  
Right Of Privacy ◽  
The Right Of Privacy ◽  
The Right ◽  
The U.S

The right of privacy is a basic personal right, which refers to the right that the interests of individual personality are not infringed, private affairs unrelated to the public interest are not allowed to be released to the public, and private territory belonging to individuals is not illegally invaded. The protection of the right to privacy stems from a basic belief: everyone has the right not to be disturbed, and has the right to decide how to appear in front of the public, unless they have taken the initiative to put themselves in the public view, or their privacy involves the public interest[1].

scholarly journals Fundamental Rights and the Obligation to Publicly Disclose Information on Tax Strategy

2021 ◽  
pp. 7-20
Author(s):  
Adam Szymacha
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
The European Union ◽  
Academic World ◽  
The Right To Privacy ◽  
European Court ◽  
Right Of Privacy ◽  
The Right Of Privacy ◽  
The Right

The aim of the article: The presented study concerns the problem of violations of fundamental rights caused by the law regulation contained in art. 27c of the Corporate Income Tax Act in Poland. This regulation provides obligation to publish information about introduced tax strategies. Yet, it may endanger many human rights and this article focuses on two of them – the right to remain silent, and the right of privacy. The aim of this article is to make an analysis of the standards presented by the Court of Justice of the European Union and the European Court of Human Rights. Additionally, the standard presented by the Polish Constitutional Court is presented. Methodology: To decode these standards the comparative law method is used. Especially the case laws of these courts are presented and additionally, they are completed by the comparison of the acts that concern similar law institutions but come from different lawmakers. Results of the research: The results of the study do not provide a clear answer. However, they do allow for an approximation of the issue of possible violations of fundamental rights by the analyzed regulation. It is very likely that the analyzed regulation violates the right to remain silent and it is even close to certainty that the analyzed laws violate the right to privacy. The problem is not only the interference in these rights, but in its character as well. Under certain circumstances, interference with fundamental rights is acceptable but must be proportionate. Examined laws are only explained in terms of budgetary balance and the academic world points out that the purpose of this type of regulation is mainly of administrative convenience. This is far too little to consider this interference with fundamental rights imperative.

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