scholarly journals Teleworking: A New Reality Conditioned by the Right to Privacy

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 64
Author(s):  
Carlos Arroyo-Abad

Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In the Spanish case, we speak of Law 10/2021 from 9 July on remote working. The objective of this study is to assess the scope as well as the problems that this law generates during its application, regarding controlling the provision of services. However, we not only identify the incidental factors, but also provide a necessary reinterpretation of the right to privacy from the perspective of the inviolability of homes, especially when its current articulation may operate to the detriment of employees’ rights, as contradictory as this may seem.

2021 ◽  
pp. 125
Author(s):  
GULNAZ AYDIN RZAYEVA ◽  
AYTAKIN NAZIM IBRAHIMOVA

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).


2021 ◽  
Author(s):  
◽  
Bruce Thomas

<p>Some customs agencies are implementing electronic single window systems. These single window systems enable an importer or exporter to digitally transmit their transaction information to the customs administration. The single window system shares relevant information with other government agencies involved in the import or export process. It relieves the importer or exporter of the need to lodge transaction information separately with each government agency.  An international single window system is the interconnection of two or more national single window systems. It enables the exporter’s transaction information to be re-used in import processing, thereby reducing the amount of information required from importers. For states that already have customs intelligence-sharing agreements, a single window system could be used to exchange intelligence information about the import and export transactions processed by the system. Intelligence-sharing agreements can and should include transparent protection for human rights. The human rights relevant to this legal framework are access to justice, freedom from arbitrary search and seizure, freedom from torture and the right to privacy. The right to privacy is the human right most affected by intelligence-sharing. This thesis proposes a legal framework to enable intelligence to be shared through a single window system with transparent terms for managing human rights. This thesis suggests that public confidence would be improved by showing how privacy and other human rights are treated in the rules for customs intelligence-sharing using the system proposed here.</p>


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Leanne Winkels

The collection and analysis of individuals data by governments and organizations is an area that lacks overarching protection at the international level, there is potential for an international system monitoring the use of Big Data and providing protections against violations of the right to privacy among other human rights laws. This paper outlines the policy background, then analyzes the use of Big Data through case studies of collection of data on LBTQ+ in Russia, and Uyghur Muslims in China’s Xinjiang province. After establishing the potential for abuses and violations of human rights and the right to privacy through unfettered access to personal data, this paper then considers proposed models to assess and protect human rights in this area, and looks at the potential for the development of an international monitoring system. To take steps towards developing an international legal framework of data protection I argue that the use of international norms to create monitoring bodies, and treaty law between nation-states and also international organizations can be utilized to develop such a framework. 


2019 ◽  
Vol 64 (12) ◽  
pp. 58-67
Author(s):  
Piotr Zapadka

The confidentiality of statistical data, one of the areas of classified data, is a part of the institutional legal framework designed as a coherent safeguard of natural persons’ right to privacy, at the same time recognising the fact that collecting statistical data for public statistics satisfies an important public need. Therefore it is necessary to reach a sensible compromise between justified public interest and private interest. The article analyses selected aspects of statistical confidentiality regarded as a tool for the execution of the constitutional duty to protect the identity of persons participating in statistical surveys. The aim of this paper is to define the extent to which the process of collecting and storing data, provided for by the law on public statistics, constituties a justified and lawful interference with the constitutional rights and freedoms of natural persons. The analysis of the Polish and foreign regulations pertaining to this matter indicates that statistical confidentiality serves as a protective measure for the right to privacy for natural persons, guaranteed by Art. 47 of the Polish Constitution.


2021 ◽  
Author(s):  
◽  
Bruce Thomas

<p>Some customs agencies are implementing electronic single window systems. These single window systems enable an importer or exporter to digitally transmit their transaction information to the customs administration. The single window system shares relevant information with other government agencies involved in the import or export process. It relieves the importer or exporter of the need to lodge transaction information separately with each government agency.  An international single window system is the interconnection of two or more national single window systems. It enables the exporter’s transaction information to be re-used in import processing, thereby reducing the amount of information required from importers. For states that already have customs intelligence-sharing agreements, a single window system could be used to exchange intelligence information about the import and export transactions processed by the system. Intelligence-sharing agreements can and should include transparent protection for human rights. The human rights relevant to this legal framework are access to justice, freedom from arbitrary search and seizure, freedom from torture and the right to privacy. The right to privacy is the human right most affected by intelligence-sharing. This thesis proposes a legal framework to enable intelligence to be shared through a single window system with transparent terms for managing human rights. This thesis suggests that public confidence would be improved by showing how privacy and other human rights are treated in the rules for customs intelligence-sharing using the system proposed here.</p>


2020 ◽  
Vol 65 (1) ◽  
pp. 93-102
Author(s):  
Justyna E. Kulikowska-Kulesza

Abstract Today’s reality, largely based on the development of technology, carries with it many dangers for various spheres of our lives. One of the areas most at risk is our privacyand thus our right to privacy. It is one of the fundamental human rights, but unfortunately today it is exposed to many violations. This article is an attempt to interpret the right to privacy, and it shows selected threats to this right from the perspective of the development of new technologies.


2020 ◽  
pp. 111-123
Author(s):  
Stefan Andonović

Information-communication technologies are one of the basic characteristics of modern society. The great needs of the today's economy and society for better and efficient products and services have caused continuous development of the technological sector. In that manner, artificial intelligence is one of the most significant phenomena in this sector. Artificial intelligence could be described as possibility of computer programs to replace human intelligence and work in many activities. The use of an artificial intelligence system has provided many benefits to people who no longer have to go to a bank or a store, can organize meetings online and conduct conversations digitally, etc. However, new technologies also carry many risks to rights and freedoms, such as the right to privacy, the right to protection of personal data, the right to liberty, etc. Having in mind the importance of artificial intelligence for modern society and future generations, the author has analysed the normative framework of artificial intelligence. The primary focus of the research is on the regulation of artificial intelligence in comparative law. For that purpose, the author used the strategic documents of the EU, USA and Peoples Republic of China, as a leader in the fields of artificial intelligence. The aim of this paper is to point out the importance of future research on artificial intelligence in various legal fields, which will inevitably meet new technological phenomena.


TEME ◽  
2020 ◽  
pp. 997
Author(s):  
Tanja V. Kesić ◽  
Ivana Bjelovuk

The application of thermal imaging cameras in crime detection has raised the question of the legality of their use, as well as the procedural value of thus obtained information. With regard to these questions, the standpoint of the U.S. court practice has shown diametrically opposite views. The earliar U.S. courts rulings took the position that the application of thermal imaging cameras was not subject to the fulfillment of any particular conditions and that it was encompassed by police discretionary decisions. The position of later rulings was that the application of new technologies, including thermal imaging cameras, was subject to basic conditions required for searching, i.e. mandatory obtaining of the court order with the purpose of protecting the right to privacy. As the application of thermal imaging cameras in the Republic of Serbia is prescribed neither by laws nor by by-laws, it could be governed by general regulations on the use of technical means in implementing operational tactical measures and actions, as well as gathering of evidence. Therefore, thermal imaging cameras might be used in police actions, such as police observation, covert surveillance and recording. In the course of covert surveillance and recording, as part of theevidence gathering process, the use of thermal imaging cameras would be regulated by the same conditions by which the undertaken actions are regulated. Since the possibility of the application of thermal imaging cameras while performing police observation is not explicitly provided for, dilemmas with regard to their use still remain, as well as the issues concerning their procedural value.       


2021 ◽  
pp. 108-127
Author(s):  
Anna Pawlak

Privacy in the era of artificial intelligence is the ability to exercise control over your private life, including information about yourself and your family. Robust privacy laws are essential to building and maintaining trust in a digital world. It is extremely important to ensure a balance between proper protection of private life and supporting the development of new technologies and innovation. The article presents what privacy is in the era of artificial intelligence, what threats to privacy result from the development of technology, how the right to privacy is guaranteed and protected (both by international standards and Polish legal regulations). The author also assesses the legal regulations regarding the guarantee of the right to privacy in the AI world.


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