CLASSIFICATION OF PERSONAL DATA IN RELATION TO PERSONS SENTENCED TO IMPRISONMENT

2021 ◽  
pp. 141-145
Author(s):  
Анастасия Юрьевна Сивцова
Keyword(s):  
Civil Rights ◽  
Personal Data ◽  
Private Life ◽  
Constitutional Rights ◽  
The Right To Privacy ◽  
Detention Centers ◽  
Sexual Identification ◽  
The Right ◽  
Statutory Regulation

В статье приводится анализ источников, регламентирующих процесс регламентации персональных данных, анализ норм российских нормативных правовых актов, закрепляющих основные права человека и гражданина, основные конституционные права осужденных на жизнь, здоровье. Автором поясняются некоторые аспекты нормативного регулирования понятия «персональные данные осужденных», право на личную жизнь. На основе научного анализа мнений ученых-юристов автором выстраивается логическая цепочка нормативного регламентирования заявленных дефиниций. В ключевом выводе по данной работе автором дается определение категории информации в следующей трактовке: персональные данные в отношении лиц, содержащихся в следственных изоляторах и осужденных к лишению свободы, - любая информация, относящаяся к прямо или косвенно определенному или определяемому подозреваемому, обвиняемому или осужденному, включающая в себя сведения о частной жизни, связях с родственниками и друзьями, пристрастиях, половой идентификации и предпочтениях, социальном и финансовом положении, о взглядах и убеждениях, о состоянии здоровья, в том числе совокупность информации, способная привести к идентификации осужденного. Предлагается авторская классификация персональных данных специальных субъектов. The article provides an analysis of the sources that regulate the process of regulating personal data, an analysis of the norms of Russian normative legal acts that reflect the basic human and civil rights, the basic constitutional rights of convicts to life and health. The author explains some aspects of the statutory regulation of the concept of "personal data of convicts", the right to privacy. Based on the scientific analysis of the opinions of legal scholars, the author builds a logical chain of statutory regulation of the stated definitions. In the key conclusion of this work, the author defines the category of information in the following interpretation: personal data in relation to persons held in pre-trial detention centers and sentenced to imprisonment - any information related directly or indirectly to a certain or identifiable person, suspect, accused or convicted person, including information about private life, relationships with relatives and friends, addictions, sexual identification and preferences, social and financial status, views and beliefs, health status, including a set of information that can lead to the identification of the convicted person. The author's classification of personal data of special subjects is proposed.

scholarly journals The Right to Privacy and Private Detective Activities in Lithuania

2012 ◽  
Vol 5 (2) ◽  
pp. 1-26
Author(s):  
Mindaugas Bilius
Keyword(s):  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Right To Privacy ◽  
Public Authorities ◽  
The Right To Privacy ◽  
Private Detective ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

ABSTRACT Private detectives have been providing their services in Lithuania for about a decade; however, only now has the Seimas of the Republic of Lithuania started to discuss whether it is expedient and necessary to regulate the activities of private detectives by means of a separate law. One of the goals of a separate legal regulation of private detective activities is the protection of human rights, particularly the right to privacy. This article examines the provisions of national and international legislative acts related to the private life of a person, and assesses the opportunities of a private detective to provide private detective services without prejudice to the provisions of applicable legislative acts. The article concludes that a private detective is not an authorized (public) authority and there is no possibility to assess in each case whether the interests of a person using the services of private detectives are more important than those of other persons, which would allow for violating their rights to private life. The limits of an individual’s right to privacy can only be narrowed by a particular person, giving consent to making public the details of his/her private life. It is the only opportunity for a private detective to gather information related to the private life of a citizen. Currently applicable legislative acts in Lithuania do not provide for opportunities for private subjects to collect personal data without that person’s consent. This right is granted only to public authorities and with the court’s permission

scholarly journals Features and trends in the development of civil law protection of the private life of citizens in the Russian Federation

nauka.me ◽  
2021 ◽  
pp. 43
Author(s):  
Anastasia Aleksashina
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Personal Data ◽  
Private Life ◽  
The Right To Privacy ◽  
Private Lives ◽  
The Russian Federation ◽  
The Moment ◽  
The Many ◽  
The Right

The computerisation of society affects all areas of human activity, including people's private lives. New ways of communicating and interacting with people, along with the many benefits, give rise to new ways of assaulting personal data. This means that there is a need to protect the right to privacy through both normative and technical means. This article reviews the most acute issues and specific features of civil law protection of privacy in Russia at the moment.

Digital rights of man and citizen: constitutional dimension

2020 ◽  
Vol 22 (4) ◽  
pp. 37-41
Author(s):  
MARIA A. LIPCHANSKAYA ◽  
Keyword(s):  
Civil Rights ◽  
Digital Technologies ◽  
Legal Framework ◽  
Legal Aspects ◽  
Constitutional Rights ◽  
Digital Rights ◽  
The Right To Privacy ◽  
Russian Constitution ◽  
The Media ◽  
The Right

The article examines the meaning of digital rights in the constitutional and legal aspects. The author criticizes the concept of digital rights as new objects of civil rights in domestic civil legislation since it contradicts the established world practice in understanding such a term as “digital rights”, as well erroneously ascribes certain powers of other subjective rights as independent ones, which can be realized through digital technologies. The article considers the incorrect assignment to digital rights of some constitutional rights, enshrined in the Russian constitution (rights to information, the right to privacy, freedom of the media). According to the author, digital rights in the constitutional and legal framework should be considered only those that either appeared along with the emergence of modern digital technologies, or acquired a significantly new meaning. The article gives some examples of such rights (the right to Internet access; the right to communication; the right to protection from machine processing of information) and states the conclusion on the formation of a constitutional and legal institution of digital rights at the present time.

scholarly journals El Derecho a la Intimidad y a la Protección de Datos Personales en el Ámbito Laboral

2021 ◽  
Vol 13 (13) ◽  
pp. 357-385
Author(s):  
Antonio Felipe Delgado Jiménez
Keyword(s):  
Personal Data ◽  
Third Parties ◽  
Fundamental Rights ◽  
Self Determination ◽  
Constitutional Rights ◽  
Personal Privacy ◽  
The Right To Privacy ◽  
Labor Relationship ◽  
The Individual ◽  
The Right

The balancing function, between worker and employer, of the fundamental rights in the field of the labor relationship is analyzed, while emphasizing that the right to privacy is not an unlimited right, but that it can yield to other constitutional rights. Likewise, the right to the protection of personal data is studied – distinguishing it from the right to personal privacy – which aims to guarantee the freedom of the individual in relation to their self-determination regarding the processing of their personal data by third parties.

scholarly journals The Right to Privacy and Data Protection in the Information Age

2020 ◽  
pp. 1576-1589
Author(s):  
Tigran D. Oganesian
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Personal Data ◽  
Private Life ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
User Data ◽  
The Right ◽  
Mass Surveillance

The article considers the legality of mass surveillance and protection of personal data in the context of the international human rights law and the right to respect for private life. Special attention is paid to the protection of data on the Internet, where the personal data of billions of people are stored. The author emphasizes that mass surveillance and technology that allows the storage and processing of the data of millions of people pose a serious threat to the right to privacy guaranteed by Article 8 of the ECHR of 1950. Few companies comply with the human rights principles in their operations by providing user data in response to requests from public services. In this regard, States must prove that any interference with the personal integrity of an individual is necessary and proportionate to address a particular security threat. Mandatory data storage, where telephone companies and Internet service providers are required to store metadata about their users’ communications for subsequent access by the law enforcement and intelligence agencies, is neither necessary nor proportionate. The author analyses the legislation of some countries in the field of personal data protection, as well as examples from practice. Practice in many States is evidence of the lack of adequate national legislation and enforcement, weak procedural safeguards and ineffective oversight, which contributes to widespread impunity for arbitrary or unlawful interference with the right to privacy. In conclusion, we propose a number of measures aimed at improving the level of personal data protection in accordance with the international standards. In order to provide guarantees and a minimum level of adequate data protection in the face of new challenges to human rights in an ever-changing digital environment, the author proposes to solve a number of pressing issues. Firstly, States should not have the right to ask companies for and have absolute access to user data without a court order. Secondly, the process of sending a request and receiving data from a telecommunications company should be regulated in detail and transparent. The availability of specialized judges with technical expertise shall be valuable

PRIVACY PROBLEM IN A DIGITAL EPOCH

2020 ◽  
pp. 36-50
Author(s):  
Irina Aseeva
Keyword(s):  
Information And Communication Technologies ◽  
Consumer Choice ◽  
Personal Information ◽  
Personal Data ◽  
Modern Society ◽  
Private Life ◽  
The Right To Privacy ◽  
Democratic State ◽  
Privacy Problem ◽  
The Right

Being an inalienable right of a citizen of a democratic state, the right to privacy of life in the digital age is exposed to constant intrusions and encroachments. Private life is becoming an object of interest for the public, state intelligence agencies, commercial organizations, and crime, who have received the opportunity through information and communication technologies not only to look after a person through correspondence and analysis of personal data, but also to manipulate consumer choice, generate demand, track movements and contacts. At the same time, as the results of sociological studies show, modern society itself is becoming more open, and users of Internet resources give the important personal information, often voluntarily post terabytes of photos and videos, losing the border between privacy and publicity, morally acceptable and legally prohibited.

scholarly journals The Principle of Proportionality as a Method of Limiting the Privacy of Public Officials

2013 ◽  
Vol 32 (1) ◽  
pp. 43-66
Author(s):  
Joanna Sieńczyło-Chlabicz ◽  
Zofia Zawadzka
Keyword(s):  
Public Information ◽  
Private Life ◽  
Strict Sense ◽  
Constitutional Rights ◽  
The Right To Privacy ◽  
The People ◽  
The Status ◽  
Constitutional Tribunal ◽  
Principle Of Proportionality ◽  
The Right

Abstract It is unquestionable that people performing public functions are entitled to much narrower range of privacy protection than the so-called private persons, because of voluntarily holding a public office, the right of citizens to public information as well as the necessity of preserving transparency and openness of public life. Thus, the principle of proportionality should refer to foremost needs connected with proper functioning of public institutions, and not only to the status of people performing public functions as citizens. How- ever, it is important to underscore that intrusion into privacy of the people of this category should be justified, every time, on grounds of a direct connection between their functioning in the sphere of private life and the function (office) performed for the state and the public good. The issue of reducing privacy of the people performing public functions requires presenting the premises of the principle of proportionality determining the restrictions in exercising the constitutional rights and liberties. The considerations in this paper will allow to analyse the solutions of the Constitutional Tribunal examining the compliance with the Constitution of statutory legal regulations which constitute an intrusion in the right to privacy of people performing public functions in view of their meeting the premises of suitability, necessity and proportionality in the strict sense in reference to the imposed limitations.

scholarly journals To Post, or Not to Post – That Is the Question: Employee Monitoring and Employees’ Right to Data Protection

2017 ◽  
Vol 11 (2) ◽  
pp. 185-214
Author(s):  
Adrienn Lukács
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Background Checks ◽  
The Right To Privacy ◽  
Legitimate Interests ◽  
Prospective Employer ◽  
The Individual ◽  
The Right

Nowadays social media have a growing importance in several areas of our lives. They are used for numerous objectives: self-expression, keeping in touch with acquaintances, communication or obtaining information about the latest events and news. During their use the individual shares a significant amount of personal data. This conduct can have serious implications for employment. The (prospective) employer is interested in the surveillance of these sites for several reasons, as he/she can easily gain insight into the individual’s private life and obtain, without costs, detailed information about him/her. The legal problem arising is that the employee’s fundamental rights – namely the right to privacy and the right to data protection – collide with the employer’s legitimate interests.The aim of the paper is to highlight the different rights and interests present on the two sides of the parties in the employment relationship; focusing on the employee’s right to data protection and on the employer’s legitimate interests in monitoring employees. As a result of the paper, I will draw attention to the legal problems lying behind social network background checks and monitoring. I will provide recommendations on how users and employers can continue using these sites while still preserving privacy.

scholarly journals The right to respect private life in the context of the development of artificial intelligence

2021 ◽  
pp. 10-19
Author(s):  
Greta Angjeli ◽  
Besmir Premalaj
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Data Protection ◽  
Privacy Protection ◽  
Personal Data ◽  
Private Life ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Right

One of the fundamental human rights protected by various international conventions is the right to the protection of privacy, or as defined in the European Convention on Human Rights, the right to respect private and family life. Affiliated to this right is also the right to data protection, which is described by various authors as a modern derivation of the right to privacy protection. The protection of personal data in the context of privacy protection was jeopardized by the rapid and widespread of information technology, automated data processing and the risk of access to this data by unauthorized persons on the network. The legal regulation for the non-violation of the right to respect private life by the processing of personal data with automated systems was one of the challenges of many states which had to allow the use of artificial intelligence for the benefit of further economic and social development, at the same time they had to ensure the protection of the personal data of their citizens. In this context, the EU has issued another regulation on personal data protection (General Data Protection Regulation (EU) 2016/679). The purpose of this paper is to highlight the impact of artificial intelligence on the right to respect private life and the legal protection of personal data from misuse through artificial intelligence.

From Property Rights to Liberty Rights: We the Corporations, A Review Essay

2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Political Process ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
State Action ◽  
Unequal Treatment ◽  
The People ◽  
The Right ◽  
We The People

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?

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