scholarly journals Privacy & Secrecy: The Right to Control of Personal Information

2020 ◽  
Author(s):  
Lesya Chesnokova ◽  
Keyword(s):  
Personal Information ◽  
Holistic Approach ◽  
Private Sphere ◽  
The Public ◽  
The Social ◽  
The Government ◽  
The Public Sphere ◽  
Critical Components ◽  
The Individual ◽  
The Right

The article considers the right for privacy and secrecy as an opportunity to have a life sphere hidden from the government, society and other individuals. The study is based on a holistic approach including logical, hermeneutical and comparative methods. The historical process of the origin of publicness triggered the development of legal guarantees, personal freedom, and political involvement. This was accompanied by the occurrence of the sphere of privacy where an actor is protected from state and public interventions. Whereas the public sphere is associated with openness, transparency, total accessibility, the private sphere is connoted with darkness, opacity, and closedness. The need for privacy and secrecy is determined by the human vulnerability. One of the critical components of privacy is the right of an individual for control his personal information. To protect one’s own private sphere, one puts on a social mask when speaking in public. In an intimate relationship, unlike in a public one, he voluntarily waives protection by allowing those closest to him access to personal information. The restricted private sphere is sometimes a source of apprehension and a desire to penetrate other people’s secrets, both from the totalitarian state, which seeks to suppress and unify the individual, and from curious members of society. For the purpose of retaining the social world, a person in the course of socialisation learns to respect other’s privacy, behaving discreetly and tactfully. The right for privacy and secrecy is related with freedom, dignity, and the autonomy of personality.

The Freedom to Exclude: The Case of Israeli Society

2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Minority Groups ◽  
Private Property ◽  
Israeli Society ◽  
Private Sphere ◽  
The Public ◽  
The Law ◽  
The Public Sphere ◽  
The Right

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.

scholarly journals An Integrated Approach to Redistribution: Issues of Policy, Economics and Information

2021 ◽  
Author(s):  
◽  
Mark Prebble
Keyword(s):  
New Zealand ◽  
Policy Development ◽  
Personal Information ◽  
Integrated Approach ◽  
Well Being ◽  
The State ◽  
Philosophical Foundations ◽  
The Government ◽  
The Individual ◽  
The Right

<p>This thesis considers how best to administer redistribution policies. It focuses particularly on the information needed to assess relative circumstances, the implications of the government collecting such information, and processes by which the appropriate information may be assembled and assessed. In New Zealand, as with many other OECD nations, the Government's redistribution policies are administered through a range of different agencies, with duplication in some areas and gaps in others. An integrated approach to redistribution systems may offer a means to improve equity and efficiency. Part One discusses the assessment of relative well-being, and adopts the choice set as the intellectual device for this purpose. The time period for the assessment of income is examined in detail, with the conclusion that a long period should be used except where the individual is constrained to operate under a short time horizon. A new concept of "bankability" is developed as a means of identifying those operating under such constraints. Part Two uses the philosophical foundations of the value of privacy to develop a new statement of the right to privacy, such that everyone should be protected against the requirement to divulge information, unless that information is the "business" of another party. A view on the business of the state depends on one's ideology of the state. Since it is generally accepted in New Zealand in the late twentieth century that the state has a role in redistribution, the state has some right to collect information for that purpose. However, the rights of the state are moderated by the existence of a common law tradition of respect for individuals. A set of criteria for evaluating redistribution systems is devised in Part Three. These criteria, which include consideration of the information to be collected, individual control over personal information, and administrative simplicity, are then used to identify significant weaknesses in the systems currently used in New Zealand. The main problems identified are the collection of inadequate information, duplication, and complex institutional structures; the main virtue of the current systems is that information provided is only used for the purpose for which it was provided. An alternative approach is outlined which would address the problems while retaining the current protection of privacy interests. This thesis is a mix of inter-disciplinary academic enquiry and policy development. Part One is an amalgam of economic and philosophical approaches, Part Two involves philosophy and politics, and Part Three applies the theoretical considerations to issues of public administration.</p>

scholarly journals Legal Education and Upbringing of Order

2021 ◽  
Vol 6 (1) ◽  
pp. 31
Author(s):  
Joniada Musaraj
Keyword(s):  
Legal Education ◽  
Scientific Paper ◽  
The Public ◽  
Legal Literacy ◽  
Lack Of Information ◽  
Democratic State ◽  
The Social ◽  
Individual Consciousness ◽  
The Individual ◽  
The Right

A great importance to a democratic society is the creation of legal literacy education on rule. Such a breeding seems to be primarily present in the consciousness of every citizen. The principles of a democratic state should be installed, first to society. These principles embodied in the individual consciousness in the form of legal and institutional consciousness. Moreover every man should know that c `demands of an institution, and should make it impossible to solve the institutional and democratic way, even when he finds the office door closed, even by officials when a problem exists as insoluble. An individual should not be equated with the passivity that is generally characterized by officials, but must use every means to protect the right and dignity. Methodology: First, quantitative analysis was used to see why the number of citizens dissatisfied with the exercise of their rights is increasing. Secondly, qualitative analysis was used by analyzing the social and objective causes that lead to a lack of legal education of the public. Expected results: the consequent link between the lack of information on the law and non-exercise of the right. This scientific paper seeks to give concretely what are some of the strategies that should be used to have a well-informed public and satisfied with the exercise of law.

Intellectual Property and Privacy Law

2021 ◽  
pp. 135-148
Author(s):  
Megan Richardson
Keyword(s):  
Intellectual Property ◽  
Personal Identity ◽  
Human Dignity ◽  
Personal Information ◽  
Private Sphere ◽  
Loss Of Control ◽  
The Public ◽  
Privacy Law ◽  
Digital World ◽  
The Individual

This chapter explores the intersections between intellectual property (IP) and privacy law. It notes that while the scope of what we may consider to be ‘intellectual property’ continues to expand to cover new creative and innovative practices, so too the meaning and scope of what we may consider to be ‘privacy’—traditionally understood as allowing the individual to enjoy a private sphere free from the public gaze—has come under pressure to expand to address new situations where loss of control over personal information and incursions on personal identity are seen to undermine human dignity and liberty. Thus ‘privacy’ and ‘intellectual property’ become ever more imbricated in our modern digital world, and we can expect to see ever more interchange between the laws that regulate these domains.

scholarly journals Performative trolling: Szubanski, Gillard, Dawson and the nature of the utterance

2016 ◽  
Vol 2 (1) ◽  
pp. 26-40 ◽  
Author(s):  
Belinda Caroline Morrissey ◽  
Susan Yell
Keyword(s):  
Social Action ◽  
Social Medium ◽  
Public Performance ◽  
Call To Action ◽  
The Public ◽  
Performative Utterance ◽  
The Social ◽  
Public Persona ◽  
The Public Sphere ◽  
The Individual

In 2012 the Australian public witnessed three important examples of trolling play out in the public sphere that are the focus of this paper: the trolling of Julia Gillard’s Facebook page when she attempted to discuss education policy, the anonymous trolling of Charlotte Dawson’s Twitter page, and the trolling of Magda Szubanski on YouTube after she came out on The Project. These attacks may seem similar in that a public persona has been ridiculed and denigrated in flamboyant onslaughts. However, we will argue that there are important differences in the effects of these attacks, and that underpinning these are differences relating to the individual persona, the social medium and the nature of the utterance. The attacks on Gillard and Szubanski are primarily descriptive attacks on a deliberate and somewhat stage-managed public performance of identity, not a call to action. On the other hand, the anonymous trolling of Charlotte Dawson, which led directly to her attempted suicide, is clearly a performative utterance from the start, meant to have consequences on the object of attack. In Dawson’s case, the separation between her public persona and her private self is far less distinct than in the case of Gillard or Szubanski. These instances demonstrate that trolling exists on a performative continuum, engaging in constant disruption, but also lending itself to the production of social action. The kind of impact trolling will have depends, thus, on the affordances of social media, the persona under attack, and on the very nature of the utterance itself.

scholarly journals Private/Public Space of New Media

2020 ◽  
Author(s):  
Alla Drozdova ◽  
◽  
Natalia Stepanova ◽  
Keyword(s):  
New Media ◽  
Public Sphere ◽  
Public Space ◽  
Private Life ◽  
Third Party ◽  
The Public ◽  
The Government ◽  
The Public Sphere ◽  
Multiple Network ◽  
The Individual

Today, we have a situation that the new media environment has reshaped our conception of reality while changing social spaces, modes of existence, and the functional mechanisms of the private sphere. In the space of new media, the boundary between privacy and publicity is redefined with the emergence of multiple network communities having become a subject of observation and evaluation, collective discussions, and even third party interventions. In the current situation, the privacy/publicity boundary can be defined both through the societal/the individual, and through such concepts as visible/invisible. The new media era sees the personification of online publicness, therefore the very sphere of private life gets consumed by the public sphere open both for being discussed and for being controlled by the government, market, and advertisement. The public sphere has fallen under the power of certain private/vested interests, which only transiently become common, coinciding with the interests of other groups, but not the public sphere. The ambivalent nature of new media, while based on personalisation and filtration, obviously determines the ambiguous and controversial relationship of the public and the private. Thus, the private not only reflects, but also represents the public, whereas the public implements privacy up to its inherent special intimate atmosphere and intonation. This fast-changing virtual reality requires the development of conceptual tools for analysing new content and forms of social and personal life, one of which is the relationship between publicity and privacy.

scholarly journals Reprezentacje gender w polskiej sferze publicznej – próba uchwycenia dynamiki dyskursu

1970 ◽  
Vol 17 (1) ◽  
Author(s):  
Monika Grochalska
Keyword(s):  
Catholic Church ◽  
Hate Speech ◽  
Gender Ideology ◽  
Gender Mainstreaming ◽  
The Public ◽  
Gender Policy ◽  
Public Figures ◽  
The Social ◽  
The Public Sphere ◽  
The Right

Before 2013, the term ‘gender’ as used to define male and female social roles had appeared relatively rarely in the public sphere. However, it had not been completely unknown. Whenever this term did occur in utterances of public figures, it was mostly in reference to equality policies (gender policy) and the idea of gender mainstreaming in EU projects. It was commonly associated with feminism and has in this form entered the social consciousness, including the minds of major public figures, especially those with highest state positions. The situation changed radically in 2013. The term ‘gender’ started to be connected with ‘gender ideology’, a term coined by people associated with the Catholic Church. This article presents the ways in which the issues related to the broadly meant gender are presented on the right and left sides of the political scene. This analysis is based on selected interviews and other utterances of famous politicians as well as the articles in popular weekly magazines published in 2011–2015. This paper covers both kinds of utterances – those in line with the rules of political correctness and the examples of hate speech. All examples are provided to highlight the mechanisms of discrimination hidden in the language of politics.

scholarly journals Kecakapan Bertindak Penyandang Disabilitas Autisme Menurut Hukum Perdata

2021 ◽  
Vol 21 (3) ◽  
pp. 943
Author(s):  
Abdul Hariss ◽  
Nur Fauzia
Keyword(s):  
Persons With Disabilities ◽  
Social And Emotional ◽  
Special Character ◽  
The Social ◽  
Emotional Relationships ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Legal Subjects

A person with a disability has the right to be treated the same as other human legal subjects. Therefore, the government is obliged to realize the rights listed in the convention, using laws and regulations, including how to fulfill the rights of persons with disabilities in every aspect of life such as: a decent living, education, health and so on, just like humans who live with disabilities. other normal. An autistic person or what in psychological terms is called autism, is included in the category of a person with a mental disability. A person is said to be autistic if he experiences abnormalities in carrying out a legal act, development in terms of the quality of the ability to carry out social and emotional relationships in the social environment of the community. A person is said to have autism, namely someone who has a special character in people generally not by showing mental (psychic), emotional (affective) or physical (physical) disabilities. The word autism, namely "auto" means everything that is directed at the individual. According to information that is not difficult to understand, autism is an abnormality in the brain that causes a decrease or loss of a person's ability to communicate, relate to others and respond to the environment or environment.

scholarly journals An impossible public problem or the paradox of activist resistance: Unwillingly depoliticizing immigrants’ schooling in France

2021 ◽  
Vol 29 ◽  
pp. 72
Author(s):  
Thomas Douniès
Keyword(s):  
Reciprocal Relationship ◽  
Access To Education ◽  
Public Authorities ◽  
The Public ◽  
Support Organizations ◽  
The Social ◽  
The Public Sphere ◽  
The Right ◽  
The Way

In France as in other European countries, access to education for immigrants beyond compulsory schooling is selectively achieved, through a triage implemented by education administrations. Support organizations are increasingly solicited on this matter. Considering the twofold policy role of non-profits which both act as advocates and providers, this paper sheds light on the reciprocal relationship between the way activists manage enrollment in education and the way this issue is framed in the public sphere. Indeed, militants play a gatekeeping role and can discretely negotiate the access to school at the margins of the official institution. Nevertheless, because this struggle for education is individualized and silent, this issue is not likely to become a public and visible cause, around which a political reaction from public authorities could be claimed. Hence, while they largely counteract the infringement of the right to education, the actions of activists paradoxically participate in making it socially acceptable. That is why, beyond the case of immigrant education, the analysis eventually provides an empirical understanding of the social conditions of the construction of education public problems.    

Empiricism’s Secret History: Fleetwood and Rousseau

2016 ◽  
Author(s):  
Zoe Beenstock
Keyword(s):  
Public Sphere ◽  
Political Theory ◽  
Social Contract ◽  
Political Justice ◽  
Sentimental Fiction ◽  
The Public ◽  
The Social ◽  
The Public Sphere ◽  
The Individual ◽  
Secret History

Criticism often organizes Godwin’s career by genre, suggesting that Godwin progressed from political theory to sentimental fiction. Instead this chapter argues that Godwin follows Rousseau in writing literature to ‘judge’ his own philosophy. In Enquiry Concerning Political Justice Godwin posits society as prior to the individual. He regards the general good as mandatory rather than voluntary. Godwin’s novels examine the struggles of individuals in conforming to his model of compulsory sociability. In Fleetwood and Mandeville Godwin explores the shortcomings of Rousseau’s theory of individualist education. He fictionalizes Rousseau, Hume, Wollstonecraft, and the First Earl of Shaftesbury, exploring the shortcomings of their theories. In Fleetwood Godwin uses elements of the genre of the secret history to explore political theory’s failure to validate women within the public sphere. Deloraine extends Godwin’s criticism of the social contract tradition for being inherently patriarchal. In Godwin’s writings Rousseau eclipses Aristotle as the founding theorist of sociability.

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