Legal grounds for restricting access to information: a philosophical aspect

2021 ◽  
Vol 28 (3) ◽  
pp. 64-73
Author(s):  
Oleh M. Omelchuk ◽  
Mariia P. Muzyka ◽  
Mykola O. Stefanchuk ◽  
Iryna P. Storozhuk ◽  
Inna A. Valevska
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
Communication Technologies ◽  
Security And Privacy ◽  
The Internet ◽  
Free Access ◽  
Constitutional Rights ◽  
Access To Information ◽  
Right To Information ◽  
The Right

The rapid spread of the Internet and communication technologies raises the issue of access to information, especially access to information via the Internet. The amount of information on the network is constantly increasing, and at the same time more and more efforts are being made to limit users' access to it to some extent. The more restrictions state bodies create in this area, the more efforts are made to circumvent or violate these prohibitions. Free access to information in a democratic society should be the rule, and restriction of this right – the exception. These restrictions should be clearly defined by law and applied only in cases where legitimate and vital interests, such as national security and privacy, need to be respected. The main purpose of this study is to consider the legal and socio-philosophical aspects of access to information. Restricting access to documents as media has been practiced since ancient times. The study highlights the existing inconsistencies and lags in the implementation of the principles of exercise of the right to information in Ukraine at the level of laws and subordinate legislation. The study classifies information according to the nature of restrictions (exercise) of constitutional rights and freedoms in the information sphere. It was discovered that the legislation of Ukraine does not systematise the list of confidential information in a single regulation in contrast to the Russian Federation and provides the main types of confidential personal information. It was found that restrictions on any freedoms and human rights, including in the information space, can be established with the help of various regulators, the dominant among which are the following levels of implementation: legal (legislative); moral self-consciousness of society; autonomy of the person. Features and spheres of action of regulators of restriction of freedoms and human rights are described. To restrict access to information, various methods are used to protect it from unauthorised receipt, which can be divided into two groups: formal and informal

THE STATE OF OPEN ACCESS ADOPTION IN LEGAL SCHOLARLY COMMUNICATION: AN ANALYSIS OF SELECTED OPEN ACCESS RESOURCES

Mousaion ◽  
2016 ◽  
Vol 34 (1) ◽  
pp. 83-100
Author(s):  
Solomon Bopape
Keyword(s):  
South Africa ◽  
Open Access ◽  
Open Access Publishing ◽  
The Internet ◽  
Free Access ◽  
Access To Information ◽  
Legal Information ◽  
Scholarly Literature ◽  
Open Access Resources ◽  
The Right

The study of law focuses, among other aspects, on important issues relating to equality, fairness and justice in as far as free access to information and knowledgeis concerned. The launching of the Open Access to Law Movement in 1992, the promulgation of the Durham Statement on Open Access to Legal Scholarshipin 2009, and the formation of national and regional Legal Information Institutes (LIIs) should serve as an indication of how well the legal world is committed to freely publishing and distributing legal information and knowledge through the Internet to legal practitioners, legal scholars and the public at large aroundthe world. In order to establish the amount of legal scholarly content which is accessible through open access publishing innovations and initiatives, this studyanalysed the contents of websites for selected open access resources on the Internet internationally and in South Africa. The results of the study showed that there has been a steady developing trend towards the adoption of open access for legal scholarly literature internationally, while in South Africa legal scholarly literature is under the control of commercial publishers. This should be an issue for the legal scholarship which, among its focus, is to impart knowledge about the right of access to information and knowledge.

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.

Information Ethics: Codes, Cases and Conclusions

2003 ◽  
Vol 3 (1) ◽  
pp. 44-50 ◽  
Author(s):  
Laurence W. Bebbington
Keyword(s):  
Human Rights ◽  
Information Society ◽  
Freedom Of Expression ◽  
Information Ethics ◽  
Free Access ◽  
Access To Information ◽  
Ethics Codes ◽  
Right To Education ◽  
Cultural Life ◽  
The Right

“If the Information Society is to be both open and universal it should develop along the principles embodied in the Universal Declaration of Human Rights. They are, among others, the right to freedom of expression, free access to information, the right to education and the right to participate in cultural life.’ (UNESCO 2000)

scholarly journals LEGAL AND POLICY APPROACHES TOWARD REALIZATION OF THE RIGHT TO ACCESS LEGAL INFORMATION IN TANZANIA

2020 ◽  
Vol 2 (5) ◽  
pp. 01-17
Author(s):  
Omari Issa Ndamungu
Keyword(s):  
Human Rights ◽  
Free Access ◽  
Legal Information ◽  
United Republic ◽  
United Republic Of Tanzania ◽  
Access Information ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
International Instruments

The beginning of 2000 witnessed rising of the Free Access to Law Movements (FALMs) which aimed at encouraging nations to publish and make available all primary legal information in their countries. The FALMs resulted in the promulgation and adoption of the Montreal Declaration on Free Access to Law (MDFAL) of 2002 and the formation of the Legal Information Institutes (LIIs), which began in Europe and then spread to America. There are various lines in Europe and America like the British and Irish Legal Information Institute (BAILII), the Australian Legal Information Institute (AustLII), and the Canadian Legal Information Institute (CanLII). Africa joined in the move in early 2003 by forming the Southern African Legal Information Institute (SAFLII). Tanzania although joined late, is not far from realizing the importance of free access to legal information and LIIs. This is signified by the fact that Tanzania has joined in the FALMs, beginning by subscribing to the MDFAL of 2002, joining the SAFLII in 2013, and of late, establishing her own LII which is the Tanzania Legal Information Institute (TANZLII) in March 2019. The basis of Tanzania to join the FALMs is from the fact that the country is a member of the international instruments which guarantee the right to information. Again, the right to access information is enshrined in the Constitution of the United Republic of Tanzania (CURT) of 1977. More importantly, there is specific legislation providing for enforceability of the right to access information, one of which is legal information. The objective of this article is to analyse legal and policy strategies that are taken by the government of Tanzania in ensuring that access to legal information as one of the human rights is realized in the country.

scholarly journals Citizens’ Right to Protection of Geolocation and Privacy on the Internet

2020 ◽  
Vol 15 (9) ◽  
pp. 32-38
Author(s):  
K. A. Ivanova
Keyword(s):  
Future Research ◽  
The Internet ◽  
Accurate Information ◽  
Main Task ◽  
Access To Information ◽  
Promising Area ◽  
Systems Models ◽  
Right To Information ◽  
The One ◽  
The Right

The development of confidential-sensitive methods is expected to become a promising area for future research in data mining. Since the main task in retrieving data is to develop aggregated systems models, can we develop such models without access to accurate information in individual repositories? In today’s world, such an issue is becoming a key one, especially concerning the exercise of human rights on the Internet, since the very realization of such rights is related to data protection, on the one hand, and access to information, on the other hand. The need to maintain this balance is one of the key challenges law is facing in modern realities. In the article, the author reveals the importance of protection of such a right as access to geolocation and studies the influence of the right under consideration on the realization of other rights exercised by citizens on the Internet (in particular, the right to information).

scholarly journals LEGAL AND INSTITUTIONAL FRAMEWORK IN THE FIELD OF USE OF INFORMATION AT THE INTERNATIONAL REGIONAL LEVEL

2020 ◽  
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Public Information ◽  
Regional Level ◽  
Access To Information ◽  
Special Rapporteur ◽  
Council Of Europe ◽  
Model Law ◽  
Right To Information ◽  
The Right

The article analyzes international legal acts (American Convention on Human Rights, Inter-American Model Law on Access to Public Information, Model Law on Access to Information for Africa, Convention for the Protection of Human Rights and Fundamental Freedoms, Declaration on Freedom of Expression and Information, Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Recommendations of the Committee of Ministers of the Council of Europe, Model Law on Informatization, Information and Information Protection, Model Inform Codes for the CIS member states, etc.) adopted within the framework of international intergovernmental organizations (Organization of American States, African Union, Council of Europe, Commonwealth of Independent States, etc.) at the regional level regarding the right to information. It is stated that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media. Attention is paid to the issue of access to public information that is in the use, possession or control of any government agency, including the types of information to be published (organizational structure, functions, responsibilities, procurement procedures, complaint mechanisms, etc.); the article analyzes the procedure for responding to requests for access to public information by public authorities. Attention is drawn to the respect for the right to information in the aspect of use of information and communication technologies. Attention is paid to the activities of specially authorized persons, monitoring institutions, bodies for compliance with international agreements in the field of information (Office of the Special Rapporteur on Freedom of Expression, Special Rapporteur on Freedom of Expression and Access to Information, Advisory Committee, The Council of Europe Data Protection Commissioner etc.). It is indicated that these bodies and officials established at the international regional level perform a number of functions, including: general monitoring of freedom of expression and access to information standards, investigation of specific situations of systemic violations of the right to freedom of expression and denial of access to information, cooperation with national authorities and human rights institutions, consulting Member States etc. The relevant conclusions have been drawn.

scholarly journals The constitutional and legal enshrinement of the right to information. The impact of states of emergency upon the right to information

2019 ◽  
pp. 20-34
Author(s):  
ANCA-JEANINA NIȚĂ
Keyword(s):  
Public Interest ◽  
Fundamental Rights ◽  
Raw Material ◽  
Free Access ◽  
Constitutional Court ◽  
Access To Information ◽  
State Of Emergency ◽  
Right To Information ◽  
The Right ◽  
The Impact

Starting from the premise that information is the raw material of a democratic society, the present article aims to showcase the importance of the constitutional regulation of the right to information. Observing Article 31 of the Romanian Constitution and the infraconstitutional norms in the field of free access to information of public interest, which further develop the constitutional norm, this paper presents the content of the right to information and its limits. Moreover, some legal literature currents and the case law of the Constitutional Court of Romania are emphasized with regard to the restriction in the exercise of this right, under the conditions of Article 53 of the Constitution. Without detailing the complexity of the legal consequences that derive from declaring a state of emergency, there are identified the limits under which, in such cases, the restriction of some fundamental rights and liberties that can occur. In the current normative context, while insisting that exceptional measures must not find themselves outside the existing constitutional order, the present paper analyses the impact of Decree no. 195/2020 for declaring a state of emergency on the territory of Romania upon the right to information. The article emphasizes that the multiple social, economic and political consequences of such a crisis cannot be dissociated from their legal dimension, that the constitutional rigor of a correct information to the general public through media, both public and private, necessary irrespective of a state of emergency, is needed even more so under exceptional circumstances, where the fight against disinformation is by all accounts legitimate and required. At the same time, it is emphasized the requirement that a state of emergency isn’t used as a pretext for tighter governmental control over information release, for the amputation of the mechanism introduced by Law no. 544/2001 on the free access to information of public interest.

PRAVO NA SLOBODAN PRISTUP INFORMACIJAMA OD JAVNOG ZNAČAJA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 89-101
Author(s):  
Ružica Kijevčanin ◽  
Keyword(s):  
The Other ◽  
Free Access ◽  
Daily Routine ◽  
Right To Know ◽  
Access To Information ◽  
Free Society ◽  
The Right To Know ◽  
The World ◽  
Right To Information ◽  
The Right

The right to free access to information of public importance is a condition for the enjoyment of other fundamental human rights and freedoms, and above all freedom of opinion, the right to information, the right to vote, etc. Man is a biological, psychological, legal, economic, but also informational being, so the exchange of information is a daily routine that allows him to learn, upgrade and spread various intellectual products, that is, to function in the world. Democracy and free society, as the ideals of today, imply a tireless struggle for the unhindered exercise of the right to free access to information, the importance of which is reflected in two basic reasons. One reason refers to the fact that a person was born with the right to know, and the other reason is in his political nature. By participating in the elections, an individual chooses his representative whom he trusts, so the least he can expect in return is to be informed about everything that interests him and is in his interest, and what the elected bodies have. The importance of the right to free access to information is immeasurable, so it is also called the "oxygen of democracy".

scholarly journals The Archivist Between His Duty to Communicate and the Obligation to Protect

Atlanti ◽  
2018 ◽  
Vol 28 (2) ◽  
pp. 111-121
Author(s):  
Alizata Kouda
Keyword(s):  
Information And Communication Technologies ◽  
Communication Technologies ◽  
The State ◽  
Free Access ◽  
Access To Information ◽  
Institutional Memory ◽  
Information And Communication ◽  
Access Information ◽  
Right To Information

Information is an essential and unavoidable fact both in terms of the development of individuals’ leadership and the emergence of companies and societies we’re living in as well. All activities revolve around data and information created or received. These different natural or legal persons aspire to faster access to information. To this end, information and communication technologies are increasingly being used for so-called free access information and need for documentary information managers (archivists, librarians and documentalists) for information related to institutions also increases. With regard to the latter type of information contained in documents held by public administrations, more and more users are wanting to access it, almost without delay, lying on their right to information. However, this consecrated right is not without restriction. These restrictions are linked, among other things to the safety of the state and to the protection of privacy. In this context, the guarantors of the institutional memory that are the archivists, are facing a dilemma: to communicate information to users while ensuring the protection of the privacy of citizens.

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