scholarly journals The inviolability of data on a person’s personal life as an element of her right to privacy

1970 ◽  
pp. 179-183
Author(s):  
Petro Guyvan
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Human Life ◽  
Public Information ◽  
Personal Data ◽  
Legal Framework ◽  
Personal Life ◽  
Social Aspect ◽  
The Social ◽  
The Right

The article deals with the pressing issue of the proper and fair resolution of cases concerning the protection of a person's constitutional right to information. The essence and legal content of the right of a person to privacy was clarified. It is determined that this concept, without an assessment of the social aspect of purely personal, at first glance, manifestations of human existence, is incorrect. For, despite not being aware of the fact of the presence of a public manifestation by a particular individual, his or her behavior in the plane of realization of the elements of his / her personal life may still in a certain way relate to events, phenomena and circumstances of the social level, and thus acquire the legal significance of a public factor. Thus, the paper establishes the existence of actual juxtaposition of public-law principles of public order protection, which consist in openness and accessibility of information, including about a particular person of public interest, with principled approaches to the inviolability of personal data about human life activity. Given that the national legislator does not provide clear criteria for distinguishing data properties of the information right of the person, and the law enforcement practice has not worked out options for their application, a reasonable conclusion is made about the need to apply a legal principle, which is defended by an international institution - the European Court of Human Rights. It is that when a violation has occurred concerning the restriction of the access to information / documents that are more important to the private than the public interest, Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms will apply, which provides that everyone has the right to respect. of his private and family life, to his home and correspondence, in the presence of the same priority in relations of public interest, shall be subject to the protective construction of the convention Article 10, which protects the right of a person to access public information. In this article, the specific examples of ECtHR practice demonstrate the effectiveness and efficiency of this legal framework. Proposal for the national judicial system: the measures taken by public authorities to interfere with the convention law of a person may be considered appropriate when justified by their socially desirable results, aimed at protecting the protected interests of others, and this interest was substantially higher than the private one.

scholarly journals Big Data and "New Surveillance": Is International Regulation Feasible?

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Leanne Winkels
Keyword(s):  
Human Rights ◽  
Big Data ◽  
International System ◽  
Personal Data ◽  
Legal Framework ◽  
Right To Privacy ◽  
International Regulation ◽  
The Right To Privacy ◽  
Nation States ◽  
The Right

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. 

scholarly journals INFORMATION POLICY IN THE ENVIRONMENTAL SPHERE IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT OF UKRAINE AND THE EU

2018 ◽  
Author(s):  
Viktor LADYCHENKO
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Personal Data ◽  
Legal Framework ◽  
Environmental Information ◽  
Information Policy ◽  
The Body ◽  
Freedom Of Information ◽  
The Right ◽  
The Eu

The purpose of this research is to develop a legal mechanism for ensuring the right to access environmental information to ensure sustainable development of society. In the context of our study we developed an understanding of information human rights - the right to collect, disseminate, use and preserve environmental information is fundamental and natural. We understand information human rights as a group of rights with a center around freedom of information, the right to environmental information, the right to communication in environmental sphere, the right to access to environmental information that is public or socially significant, the right to privacy, and the protection of personal data. In the EU, access to environmental information is regulated by Directive 2003/4/EC (Aarhus Convention, 1998). Citizens of the EU have the right to receive this information within one month from the moment they ask and not to mention why they need it. In addition, public authorities are required to actively disseminate information on environmental information at their disposal. In Ukraine defined system of a jurisdiction whose collection includes different types of environmental information and formation of information on environmental policy. But the issue of public administration in the field of environmental protection is currently split between different executive bodies; there is no united information policy and the body responsible for it. There is no obligation for the authorities to inform the population even in crisis situations. This study will form the legal framework to ensure the right of access to environmental information in Ukraine by introducing the position of Information Commissioner - an official, the competence of which includes monitoring of compliance of information law with information policy in the environmental field.

scholarly journals The right of servitude between public interest and undisturbed use of private property

Spatium ◽  
2011 ◽  
pp. 7-13 ◽  
Author(s):  
Ksenija Petovar ◽  
Vesna Jokic
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Public Interest ◽  
Private Property ◽  
Local Population ◽  
Legal Framework ◽  
European Convention ◽  
Legal Person ◽  
Legal Standards ◽  
The Right

For obtaining the land in order to build the magistral pipeline a specific form of land expropriation is applied, namely the Right of servitude. The Right of servitude can be realized on the basis of established public interest, which can be defined according to the spatial plan of the relevant area. The Right of servitude is analyzed from the point of its influence on the respect of basic human rights of property owners to enjoy their property in safety and without disturbance. Current legal framework in Serbia that regulates procedures for acquiring land for the purpose of public interest allows for breach of private property rights. There is a mutual inconsistency between a number of decrees that regulate property rights for large infrastructural development projects. A specific, and possibly a greater problem, is the status of the local population, the land owner and other real estate. It concerns their awareness of their private and individual rights, as well as technical and other legal standards, which must be applied during the preparation, construction and working stages of an energy facility. Applying the Right of servitude as a way to acquire land for construction of the Pipeline, there is direct breach of the basic human right as stated in the first Protocol of the European Convention on Human Rights, namely that ?every natural or legal person is entitled to the peaceful enjoyment of his possessions? (Article 1, Protocol 1). The Right of servitude allows the investor to use ?public interest? as a way of gaining access to another?s land, and under better financial conditions than if he were to apply permanent expropriation. While the owner retains his/her ownership of the land, inconvenienced by numerous limitations of its use, usability and market value of the land becomes substantially reduced.

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.

scholarly journals Indigenous Education and Human Rights

2007 ◽  
Vol 14 (4) ◽  
pp. 425-453 ◽  
Author(s):  
Noam Schimmel
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Education ◽  
Cultural Continuity ◽  
Human Right ◽  
Language And Culture ◽  
The Social ◽  
Majority Culture ◽  
Educational Programmes ◽  
The Right

AbstractThe right to an education that is consonant with and draws upon the culture and language of indigenous peoples is a human right which is too often overlooked by governments when they develop and implement programmes whose purported goals are to improve the social, economic and political status of these peoples. Educational programmes for indigenous peoples must fully respect and integrate human rights protections, particularly rights to cultural continuity and integrity. Racist attitudes dominate many government development programmes aimed at indigenous peoples. Educational programmes for indigenous peoples are often designed to forcibly assimilate them and destroy the uniqueness of their language, values, culture and relationship with their native lands. Until indigenous peoples are empowered to develop educational programmes for their own communities that reflect and promote their values and culture, their human rights are likely to remain threatened by governments that use education as a political mechanism for coercing indigenous peoples to adapt to a majority culture that does not recognize their rights, and that seeks to destroy their ability to sustain and pass on to future generations their language and culture.

scholarly journals The normative framework of the protection of personal data in the field of (bio)medicine

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
European Convention ◽  
International Treaties ◽  
Normative Framework ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Treatment Procedures ◽  
Biomedical Treatment

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.

scholarly journals Virtualization technologies and information system security

2021 ◽  
Vol 16 (91) ◽  
pp. 6-13
Author(s):  
Tatyana A. Puzynya ◽  
◽  
Irina V. Lokhtina ◽  
Ekaterina A. Vlasova ◽  
◽  
...  
Keyword(s):  
Human Life ◽  
Personal Data ◽  
Legal Framework ◽  
Information Protection ◽  
Remote Work ◽  
Communication Services ◽  
Scientific Methods ◽  
Relevant Today ◽  
Work From Home ◽  
Collaboration And Communication

The relevance of the study is dictated by the introduction of digitalization in all spheres of human life, and timely protection of information and personal data of citizens in the first place. The objective of the study was the need to transform the methods and approaches of information protection during its transmission, creation and storage. Methodological arsenal of the study is presented by scientific methods of cognition of the studied phenomenon content, the structuring of its components and the system of generalization, and analysis of the causal relationship between the visualization functionality and information security of management decisions. The author analyzed the main virtualization technologies for digital business transformation and concluded that there is the need to improve the legal framework in this area. The significance of this article lies in the fact that the use of the virtualization method will increase the level of business security with minimal losses. Current GOST R 56938-2016 "Information protection when using virtualization technologies" does not fully reflect the issues of information protection in terms of its visualization, which leads to the need to improve the legal framework when using virtualization technologies for data protection. It is essential to pay special attention to cloud storage, collaboration and communication services, remote project management programs, cybersecurity solutions, and CRM systems. This is particularly relevant today during the emergence of virtual workplaces and transferring employees to remote work from home.

scholarly journals Constitutionalization of digital rights: domestic practice and foreign experience

2020 ◽  
pp. 129-133
Author(s):  
Natalia Verlos
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Digital Transformation ◽  
Constitutional Rights ◽  
Digital Rights ◽  
Constitutional Level ◽  
European Court ◽  
Right To Information ◽  
The Right ◽  
Digital Human

The article covers the topical problem of constitutionalization of digital human rights in the conditions of digital transformation.The study analyzes doctrinal approaches to the definition of digital human rights as a legal category, the monitoring of the positive internationalexperience of constitutionalization of digital rights, which can be borrowed in the process of the constitutional reform inUkraine.In the study, based on the analysis of normative experience of foreign countries, the author proposes to identify two ways ofdomestic regulation of digital rights: first, it is the constitutionalization of digital rights, with changing the text of the constitution toregulate digital rights at the highest constitutional level, and second, it is the digitization of constitutional rights, when the rightsenshrined in the constitution become updated on the basis of constitutional decisions, the case-law of the European Court of HumanRights or in the relevant legislation.It is proposed to distinguish “digital rights”, including the right to access to electronic devices and telecommunications networks(Internet), the right to protection of personal data, the right to information self-identification, the right to anonymity, the right to be forgotten,the right to free transfer and dissemination of information, etc. However, it should be taken into consideration that in the processof reforming and carrying out constitutional and legal modernization, it is necessary to take into account the possibility and necessityof the realization of fundamental human rights, which are already defined in the Constitution of Ukraine, but are being implemented inthe conditions of digitalization.It is emphasized that in the process of development of the constitutional law of Ukraine the potential of digital transformation isnot realized in full today, and perspective tendencies have such priorities as the development of network forms of interaction, communicativetechnologies of control and planning, formation of qualitatively updated model of digital rights development. Also, in order toincrease the effectiveness of the implementation of digital rights, it is necessary to use the legal reception from countries where constitutionaland legal modernization has already taken place taking into account the digital transformation and has a positive experience ofregulation, including at the highest constitutional level. It should be borne in mind that in addition to ensuring and implementing digitalhuman rights, it is necessary to develop a concept of digital duties and responsibilities for the violation of these rights in order to preventnegative risks and abuse.

scholarly journals SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
N Gabru
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Fresh Water ◽  
Human Life ◽  
Bill Of Rights ◽  
The South ◽  
Economic Rights ◽  
Basic Part ◽  
The Right

Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right.  The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy.  The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.

scholarly journals The impact of public interest in the information privacy: Analyze of the ECtHR Decisions

2017 ◽  
Vol 6 (1) ◽  
pp. 1-8
Author(s):  
Jorida Xhafaj ◽  
Almarin Frakulli
Keyword(s):  
Human Rights ◽  
Public Interest ◽  
Family Life ◽  
Personal Information ◽  
Personal Data ◽  
Information Privacy ◽  
Public Institutions ◽  
Public Security ◽  
European Court ◽  
The Impact

The main object of this paper is the tender balance that exists and arises even more between the use of personal information that people provide in the course of most public security actions and privacy. This study analyze the most famous and strong related decision of the European Court of Human Rights, with the aim to give our opinion how has to be understand the barrier between the power of individuals over information and the power of public institutions to guaranties security. The protection of personal data is of fundamental importance to a person’s enjoyment of his or her right to respect for private and family life, and how law allocates power over information in different countries, will give us the possibility to define the most important criteria’s which define the existence of abuse or not over personal data and information.

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