The Right to Privacy and the Protection of Personal Data in a Digital Era and the Age of Information

2012 ◽  
pp. 34-45
Author(s):  
William Bülow ◽  
Misse Wester
Keyword(s):  
Empirical Evidence ◽  
Personal Information ◽  
Personal Data ◽  
Modern Society ◽  
Right To Privacy ◽  
Policy Makers ◽  
The Right To Privacy ◽  
Digital Era ◽  
The Individual ◽  
The Right

As information technology is becoming an integral part of modern society, there is a growing concern that too much data containing personal information is stored by different actors in society and that this could potentially be harmful for the individual. The aim of this contribution is to show how the extended use of ICT can affect the individual’s right to privacy and how the public perceives risks to privacy. Three points are raised in this chapter: first, if privacy is important from a philosophical perspective, how is this demonstrated by empirical evidence? Do individuals trust the different actors that control their personal information, and is there a consensus that privacy can and should be compromised in order to reach another value? Second, if compromises in privacy are warranted by increased safety, is this increased security supported by empirical evidence? Third, the authors will argue that privacy can indeed be a means to increase the safety of citizens and that the moral burden of ensuring and protecting privacy is a matter for policy makers, not individuals. In conclusion, the authors suggest that more nuanced discussion on the concepts of privacy and safety should be acknowledged and the importance of privacy must be seen as an important objective in the development and structure of ICT uses.

scholarly journals A PROTEÇÃO DOS DADOS GENÉTICOS E O DIREITO CONSTITUCIONALÁ PRIVACIDADE

2020 ◽  
Vol 6 (1) ◽  
pp. 22
Author(s):  
IDELTRUDES MENEZES BARRETO ◽  
DIMAS PEREIRA DUARTE JUNIOR ◽  
GIDELMO DOS SANTOS FONSECA
Keyword(s):  
Genetic Information ◽  
Personal Information ◽  
Genetic Data ◽  
Information Protection ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Individual ◽  
The Right ◽  
Positive Character ◽  
Made In

RESUMO                                                                    Este artigo objetiva analisar como o acesso as informações genéticas pode afetar diretamente o direito à privacidade, através de análise em leis e documentos que proíbem o acesso a tais informações. Tal informação deve ser feita de forma cautelosa e sigilosa, o seu uso demasiado poderá acarretar danos irreparáveis a pessoas avaliadas, e como consequência surgir à discriminação.O direito à privacidade abarcado no art. 5º do nosso texto Constitucional possui um caráter positivo dando ao indivíduo o controle de suas informações pessoais, podendo não somente impedir a sua utilização, como também definir quais as informações poderão ser utilizadas.Palavras-chave: Dados Genéticos; Direito à Privacidade; Discriminação; Informações Genéticas; Proteção.ACCESS TO WORKER'S GENETIC INFORMATION AND CONSTITUTIONAL LAW PRIVACY ABSTRACTThis article aims to analyze how access to genetic information can directly affect the right to privacy, through analysis of laws and documents that prohibit access to such information. Such information must be made in a cautious and confidential manner, its use too much may cause irreparable damage to people evaluated, and as a consequence, discrimination may arise.The right to privacy covered in art. 5 of our Constitutional text, it has a positive character giving the individual control of his personal information, which can not only prevent its use, but also define which information can be used.Keywords: Genetic data. Right to Privacy; Discrimination; Genetic Information; Protection

Navigating in Internet

2009 ◽  
pp. 122-135 ◽  
Author(s):  
Christina Akrivopoulou ◽  
Aris Stylianou
Keyword(s):  
Hate Speech ◽  
Personal Information ◽  
The Internet ◽  
Advertising Agencies ◽  
Right To Privacy ◽  
Model Based ◽  
The Right To Privacy ◽  
The Individual ◽  
The Right ◽  
The Cost

The chapter faces a series of questions that the digital era raises as far as the protection of privacy is concerned. Technology and specifically internet, apart from posing innovative, complex threats to the autonomy and privacy of the individual constructs a new frame for approaching privacy. The technological texture of the internet calls for a new conception of privacy that can be adopted in those circumstances, such as anonymity. The chapter argues that though anonymity cannot be identified with the right to privacy, represents in fact one of its key functions, its ability as a negative freedom to shield the autonomy of the individual against all kind of threats. Thus, anonymity can foster communication, speech and political expression in the internet. Nevertheless, the cost of protecting privacy as anonymity is substantial since its neutral character can function as a veil for sinister actions such as libel, hate-speech and stalking in cyberspace. The need for ‘reconceptualizing’ privacy in the internet, for the writers confirms the evolving, developing character of the right, whose substantial content is not given or static but is closely connected and constructed via societal change. The chapter explores the technological threats that the right to privacy confronts in the internet, such as “cookies”, “spam messages”, the dangers they pose to the freedom and autonomy of the individual as well as the positive dimensions of the internet, especially its role in democratic accountability and political dialogue. Concluding the writers present three architectures for the protection of privacy in the internet: (a) a model based on informational law, (b) a market based solution, where privacy is understood in contractual terms and (c) a model based on the participation of the users in the uses of their personal information as well as to the enforcement of the accountability of the internet actors, e.g. corporations, advertising agencies.

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.

Risk Assessment vs. Right to Privacy: The Access to Health Information on the Insurance Candidate through Questionnaires and the Right to Privacy

2013 ◽  
Vol 20 (1) ◽  
pp. 63-78
Author(s):  
Maria Inês de Oliveira Martins
Keyword(s):  
International Law ◽  
Health Information ◽  
Personal Information ◽  
Relevant Information ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Access To Health ◽  
Health Related ◽  
Principle Of Proportionality ◽  
The Right

Abstract The need of private insurers for information on the candidate’s health risks is recognized by the law, which places pre-contractual duties of disclosure upon the candidates. When the risks are influenced by health factors, e.g. in the case of life- and health insurances, it implies the provision of health information by the candidates, who thus voluntarily limit their right to privacy. This consent, however, often happens in a context of factual coercion to contract. Next to this, from a legal standpoint, the collection of personal information must respond to the principle of proportionality. Against this background, this article assesses the compatibility of questionnaire techniques that rely on open-ended health related questions with the right to privacy, as protected by Portuguese and international law. It then analyses the extent of pre-contractual duties of disclosure as defined by the Portuguese Insurance Act, which requires the candidate to volunteer all the relevant information independently of being asked for it. In doing so, the article also refers to some other European countries. It concludes that the relevant Portuguese legislation is incompatible both with Portuguese constitutional law and with international law.

scholarly journals IS CYBER SEARCH AND SEIZURE UNDER THE CYBERCRIMES AND CYBERSECURITY BILL CONSISTENT WITH THE PROTECTION OF PERSONAL INFORMATION ACT?

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Melody Musoni
Keyword(s):  
Personal Information ◽  
The State ◽  
Search And Seizure ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Constitutional Right ◽  
The Right

The focus of this note is to analyze whether the Cybercrimes and Cybersecurity Bill provides a harmonization between search and seizure and the constitutional right to privacy. This will be achieved by discussing the State powers of search and seizure in cyberspace vis-à-vis the right to privacy as envisaged in the Protection of Personal Information Act. Further, this note investigates whether the Cybercrimes and Cybersecurity Bill achieves the purpose of combatting cybercrimes without the infringement of the right to privacy. Subsequently, the article provides plausible recommendations on how the State should lawfully conduct searches and seizures of articles related to cybercrimes.

scholarly journals REFORMS IN THE COMMUNICATIONS MONITORING SYSTEM AS A PRECONDITION FOR EFFECTIVE HUMAN RIGHTS PROTECTION

2019 ◽  
Vol 31 (5) ◽  
pp. 1509-1514
Author(s):  
Biljana Karovska-Andonovska ◽  
Zoran Jovanovski
Keyword(s):  
Monitoring System ◽  
A Priori ◽  
Personal Data ◽  
The Other ◽  
Right To Privacy ◽  
Human Rights Protection ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Right ◽  
And Control

The reforms in the communications monitoring system as part of the wider reform of the security services in the Republic of Macedonia, resulted with creation of a package of several laws whose adoption was supposed to provide the legislative basis for a system that would really work in accordance with the goals for which it was established. The communications monitoring system should provide a balanced protection of the right to security, on the one hand, and the right to privacy, on the other. Only on that way a priori primacy of the right to security over the right to privacy will it be disabled. Hence, the reforms in communications monitoring system are a precondition for the effective protection, primarily for the right to privacy and the secrecy of communications, but also for the right to personal data protection, the inviolability of the home as well as for the right to presumption of innocence. It is a complex and delicate matter where opening of a real debate through which the present deficiencies will be perceived in order to create an appropriate legal solutions was very important. However, the new Law on Interception of Communications as the most important in this area, retained a certain part of the provisions that were debatable in the previous legal solutions. The provisions regarding the model for interception of communications, which stipulates the establishment of a separate agency that mediates between the operators and the authorized bodies for interception of communications, were questionable as well. Also, new measures for monitoring communications in the interest of security and defense, as well as the provisions which regulate the disposition and delivery of metadata for security and defense, are also debatable. On the other side, the reform laws made an evident progress in a positive sense through the provisions for oversight and control over the interception of communications. With these changes, certain debatable elements have been overcome, especially those that have hindered it so far, and in some cases completely paralyzed the oversight and control over the monitoring of communications. In this paper we analyzed the debatable elements in the reform package of laws on interception of communications as well as some positive aspects contained in the provisions of the reform laws.

scholarly journals Personas datu aizsardzības mērķis un tiesiskā regulējuma vēsturiskā attīstība

2019 ◽  
Vol 1 (13) ◽  
pp. 104-109
Author(s):  
Agnese Reine-Vītiņa
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
European Countries ◽  
Population Census ◽  
Federal Republic Of Germany ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Government ◽  
The Right

Mūsdienās tiesības uz privāto dzīvi nepieciešamas ikvienā demokrātiskā sabiedrībā, un šo tiesību iekļaušana konstitūcijā juridiski garantē fiziskas personas rīcības brīvību un vienlaikus arī citu – valsts pamatlikumā noteikto – cilvēka tiesību īstenošanu [5]. Personas datu aizsardzības institūts tika izveidots, izpratnes par tiesību uz personas privātās dzīves neaizskaramību saturu paplašinot 20. gadsimta 70. gados, kad vairāku Eiropas valstu valdības uzsāka informācijas apstrādes projektus, piemēram, tautas skaitīšanu u. c. Informācijas tehnoloģiju attīstība ļāva arvien vairāk informācijas par personām glabāt un apstrādāt elektroniski. Viena no tiesību problēmām bija informācijas vākšana par fizisku personu un tiesību uz privātās dzīves neaizskaramību ievērošana. Lai nodrošinātu privātās dzīves aizsardzību, atsevišķas Eiropas valstis pēc savas iniciatīvas pieņēma likumus par datu aizsardzību. Pirmie likumi par personas datu aizsardzību Eiropā tika pieņemti Vācijas Federatīvajā Republikā, tad Zviedrijā (1973), Norvēģijā (1978) un citur [8, 10]. Ne visas valstis pieņēma likumus par datu aizsardzību vienlaikus, tāpēc Eiropas Padome nolēma izstrādāt konvenciju, lai unificētu datu aizsardzības noteikumus un principus. Nowadays, the right to privacy is indispensable in every democratic society and inclusion of such rights in the constitution, guarantees legally freedom of action of a natural person and, simultaneously, implementation of other human rights established in the fundamental law of the state. The institute of personal data protection was established by expanding the understanding of the content of the right to privacy in the 70’s of the 19th century, when the government of several European countries initiated information processing projects, such as population census etc. For the development of information technology, more and more information on persons was kept and processed in electronic form. One of the legal problems was gathering of information on natural persons and the right to privacy. In order to ensure the protection of privacy, separate European countries, on their own initiative, established a law on data protection. The first laws on the protection of personal data in Europe were established in the Federal Republic of Germany, then in Sweden (1973), Norway (1978) and elsewhere. Not all countries adopted laws on data protection at the same time, so the Council of Europe decided to elaborate a convention to unify data protection rules and principles.

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).

Internet Privacy from the Individual and Business Perspectives

2008 ◽  
pp. 1360-1365
Author(s):  
Tziporah Stern
Keyword(s):  
Personal Information ◽  
Personal Data ◽  
The Internet ◽  
Right To Privacy ◽  
Internet Privacy ◽  
Data Files ◽  
Community Networking ◽  
The Individual

People have always been concerned about protecting personal information and their right to privacy. It is an age-old concern that is not unique to the Internet. People are concerned with protecting their privacy in various environments, including healthcare, the workplace and e-commerce. However, advances in technology, the Internet, and community networking are bringing this issue to the forefront. With computerized personal data files: a. retrieval of specific records is more rapid; b. personal information can be integrated into a number of different data files; and c. copying, transporting, collecting, storing, and processing large amounts of information are easier.

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