scholarly journals Dua Sisi Gelap Covid-19 : Dilematis Antara Keterbukaan Data Identitas Penderita Covid-19 Dan Transparansi Data Publik Dalam Rangka Menekan Stigmatisasi

2021 ◽  
Vol 1 (2) ◽  
pp. 73-85
Author(s):  
Yohanes Firmansyah ◽  
Imam Haryanto
Keyword(s):  
Information Disclosure ◽  
Human Life ◽  
Psychological Impact ◽  
Health Economy ◽  
Privacy Rights ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right ◽  
The Impact ◽  
The Relationship

The Covid-19 case has had a huge influence on all aspects of human life, starting from health, economy, sosial, law, and many more. The COVID-19 pandemic has caused various frictions between various interests, one of which is a clash between individual interests and community interests. One of the obvious things about this problem is regarding the impact of COVID-19 in the field of sociology, especially the relationship between individuals, especially the issue of community stigmatization regarding infectious diseases, the dilemma between the privacy rights of the identity of COVID-19 patients and the disclosure of publik data on COVID-19 patients with various risks will injure and cause multiple material and immaterial losses. On the other hand, Covid-19 also raises various sosial-psychological problems and legal problems that still do not regulate all aspects of human life. This paper describes the sociological elements of COVID-19, the right to privacy, publik information disclosure, and the sosial-psychological impact of COVID-19, along with a juridical review of the right to privacy and publik disclosure of information regarding the transparency of COVID-19.

scholarly journals Privacy of European Citizens in the Face of the Development of New Data- Driven Business Models

2021 ◽  
Vol 15 (4) ◽  
pp. 442-456
Author(s):  
Radosław Wiśniewski ◽  
Inga Oleksiuk ◽  
Bożena Iwanowska
Keyword(s):  
Business Models ◽  
Added Value ◽  
Data Driven ◽  
Privacy Rights ◽  
Right To Privacy ◽  
Processing Technologies ◽  
Business Objectives ◽  
The Right To Privacy ◽  
The Right ◽  
The Impact

The main objective of the paper is to identify the imbalance between the right to privacy and the business objectives of entities creating new Data-Driven Business Models (DDBMs) of consumers (EU citizens). Information about the consumer and their characteristics has nowadays become a service or market commodity thanks to which new economic processes, based on the use of advanced data processing technologies, are created. In digital space, new types of DDBM are established, which provide entrepreneurs with added value, based on the mass use of the consumer’s data collected often without their knowledge, on the margins of legality. This paper analyzes the impact of the development of DDBMs on selected privacy areas: personal data, the right to be forgotten, confidentiality of communications, one’s image and identity. In each of these areas, situations are identified that indicate a progressive re-evaluation of citizens’ privacy rights. The authors suggest that disruption of the balance between the right to privacy and business objectives may lead to unambiguous consequences, not only for the consumer (EU citizen), but also for the business entities.

scholarly journals THE PUBLIC FIGURE DOCTRINE AND THE RIGHT TO PRIVACY

2019 ◽  
Vol 78 (1) ◽  
pp. 70-99
Author(s):  
Kirsty Hughes
Keyword(s):  
Freedom Of Expression ◽  
Privacy Rights ◽  
Right To Privacy ◽  
Public Figure ◽  
The Public ◽  
The Right To Privacy ◽  
Public Figures ◽  
The Right ◽  
Normative Justification ◽  
The Relationship

AbstractThis article argues that the public figure doctrine is doctrinally problematic and conceptually and normatively flawed. Doctrinal uncertainty surrounds who is affected and how rights are affected. Conceptually it raises challenges for universality, the non-hierarchical relationship between Articles 8 and 10 ECHR, the process of resolving rights conflicts, and the relationship between domestic law and the Convention. All of which necessitate a strong normative justification for the distinction. Yet there is no compelling rationale. The values underpinning the right to privacy of public figures are no different from those of other persons and there are other better mechanisms of accounting for freedom of expression. We should therefore reject the idea that public figures have fewer or weaker privacy rights or that the process of dealing with their rights is different and instead focus squarely upon the relative importance of the rights, and the degree of intrusion into those rights.

scholarly journals Privacy and the global media in the information age

2007 ◽  
Vol 13 (1) ◽  
pp. 40-57
Author(s):  
William Akel
Keyword(s):  
New Zealand ◽  
Information Age ◽  
Codes Of Conduct ◽  
Privacy Rights ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The 1960S ◽  
The Right ◽  
High Court Of Australia ◽  
The Impact

The protection of privacy is being increasingly recognised worldwide by the courts, and media regulators, as a result of what is seen as a more powerful and intrusive media, and the effect of the internet. A right to privacy may even apply in a public place. This article examines the impact this has on the media in the information age? New Zealand now has a tort of interference with privacy. The criminal courts are also considering privacy values in issues ranging from suppression orders to release of court information to the public. The Broadcasting Standards Authority has revised its privacy principles. Codes of conduct with regard to the print media also acknowledge privacy. But the protection of privacy has its genesis in the 1890s and not in the digital age. A seminal article by Warren and Brandeis, ‘The Right to Privacy’ (1890), was a reaction to what was at that time seen as an over-powerful media. United States jurisprudence evolved to the Prosser and Keeton formulation in the 1960s. New Zealand jurisprudence has relied on this formulation to advance privacy rights. The English courts have taken a similar approach in the much publicised Douglas v Hello! and Naomi Campbell cases. The European courts, as a reaction to an overactive paparazzi, have pushed the bounds of privacy in the Peck and Princess Caroline cases. The High Court of Australia considered privacy in Lenah Game Meats Pty Ltd.  Finally, the International Covenants and protection of privacy.

The Impact of New Technologıes on Human Rıghts ın the Context of the Rıght to be Forgotten and the Rıght to Prıvacy

2021 ◽  
pp. 125
Author(s):  
GULNAZ AYDIN RZAYEVA ◽  
AYTAKIN NAZIM IBRAHIMOVA
Keyword(s):  
Human Rights ◽  
New Technologies ◽  
Personal Data ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Right To Be Forgotten ◽  
Internet Information ◽  
The Media ◽  
The Right ◽  
The Impact

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).

scholarly journals Authoritarianism and privacy: The moderating role of terrorism

2017 ◽  
Vol 15 (3/4) ◽  
pp. 573-581 ◽  
Author(s):  
Gareth Norris
Keyword(s):  
Survey Data ◽  
Civil Liberties ◽  
Social Attitudes ◽  
Right Wing ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right ◽  
The Relationship ◽  
Moderating Role

The resurgence in interest in authoritarianism has been linked to a rise in the acceptance of right-wing ideology and also restrictions on civil liberties, particularly in relation to surveillance and the right to privacy. Whilst we can observe simple correlations between these variables, the dynamics of threat are more complex to understand. The analysis reported here demonstrates how the relationship between authoritarianism and the curtailment of civil liberties is moderated by the threat of terrorism. Using 2005 British Social Attitudes survey data, collected either side of the 7/7 bombings, comparisons between the pre-post samples indicate that the threat of terrorism activates authoritarian tendencies and reduces the protection of rights to privacy from government. Interestingly and importantly, reactions to terrorism in the form of a change in opinion regarding civil liberties for those scoring higher in authoritarianism remained almost constant between the two periods. The results provide support for understanding how minority opinions (removal of rights to privacy) can become majority views during times of threat.

scholarly journals Privacy Right as A Personal Value in an Information Society

2020 ◽  
Author(s):  
Tatiana Rezer ◽  
Keyword(s):  
Private Information ◽  
Information Society ◽  
Human Life ◽  
Legal Protection ◽  
European Convention ◽  
Analysis Method ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Personal Value ◽  
The Right

The relevance of the topic is that the continuous and rapid increase in the role and volume of information in human life leads to the need to develop ways of protecting private information as a subject of personal property and personal value. Privacy is a natural human right and is enshrined in the European Convention on the Protection of Human Rights and Basic Freedoms, as well as in the Constitution of the Russian Federation. The regulation of the right to privacy is enshrined in the Russian Civil and Criminal Codes, which provide for legal liability for violations of this right. However, with regulations in place, the human element remains and often leads to leaks of private information, which destroys the personal value of the right. The article examines the concept of the right to privacy, its importance in the information society and human life, and the ways in which it can be protected. The aim of the study is to identify ways of protecting and complementing the right to privacy in the information society. The comparative legal analysis method allowed us to identify the mechanisms for the legal protection of the right to privacy. The case-analysis method enabled us to analyse Yandex’s data breach situation, while the content analysis method allowed us to make recommendations for protecting personal data. Main conclusions: the right to privacy as a personal value in the information society has not been sufficiently addressed in the scientific literature; self-protection as well as raising human legal awareness of information technology can be used as mechanisms to protect privacy.

scholarly journals Protecting the Right to Privacy in China

2005 ◽  
Vol 36 (3) ◽  
pp. 645 ◽  
Author(s):  
Cao Jingchun
Keyword(s):  
Legal Protection ◽  
Modern Concept ◽  
Western World ◽  
Chinese Government ◽  
Personal Privacy ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Definition Of ◽  
The Right ◽  
The Impact

This article suggests the Chinese government should establish systematic legal protection for personal privacy in China. First, a brief introduction to the history of the concept of privacy in China is given. Based on the definition of privacy in the Western world, the modern concept of privacy has been absorbed by Chinese scholars and defined according to Chinese norms. During this process, the subjects and objects of the right to privacy have been chosen and the distinctions between the right to privacy, the right of reputation and the right to know have been made clear. This article considers that it is most important to recognise the right to privacy as an independent right both in the Constitution and Civil Code. Depending on the impact of the breach of privacy, liability for civil or criminal punishment should attach.  Besides these measures, a specific data protection law is also essential. 

scholarly journals The Right to Be and Become: Black Home-Educators as Child Privacy Protectors

2020 ◽  
pp. 21
Author(s):  
Najarian Peters
Keyword(s):  
Racial Discrimination ◽  
Black People ◽  
Physical Property ◽  
Black Children ◽  
Fundamental Rights ◽  
Privacy Rights ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Home Educators ◽  
The Right

The right to privacy is one of the most fundamental rights in American jurisprudence. In 1890, Samuel D. Warren and Louis D. Brandeis conceptualized the right to privacy as the right to be let alone and inspired privacy jurisprudence that tracked their initial description. Warren and Brandeis conceptualized further that this right was not exclusively meant to protect one’s body or physical property. Privacy rights were protective of “the products and the processes of the mind” and the “inviolate personality.” Privacy was further understood to protect the ability to “live one’s life as one chooses, free from assault, intrusion or invasion except as can be justified by the clear needs of community living under a government of law.” Case law supported and extended their theorization by recognizing that privacy is essentially bound up in an individual’s ability to live a self-authored and self-curated life without unnecessary intrusions and distractions. Hence, privacy may be viewed as the right of individuals to be and become themselves. This right is well-established; however, scholars have vastly undertheorized the right to privacy as it intersects with racial discrimination and childhood. Specifically, the ways in which racial discrimination strips Black people—and therefore Black children—of privacy rights and protections, and the ways in which Black people reclaim and reshape those rights and protections remain a dynamic and fertile space, ripe for exploration yet unacknowledged by privacy law scholars. The most vulnerable members of the Black population, children, rely on their parents to protect their rights until they are capable of doing so themselves. Still, the American education system exposes Black children to racial discrimination that results in life-long injuries ranging from the psychological harms of daily racial micro-aggressions and assaults, to disproportionate exclusionary discipline and juvenile incarceration. One response to these ongoing and often traumatic incursions is a growing number of Black parents have decided to remove their children from traditional school settings. Instead, these parents provide their children with home-education in order to protect their children’s right to be and become in childhood.

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