Intrusion in the Sphere of Personal Communications

Author(s):  
Judith Rauhofer

In this chapter the limits for the sphere of personal communications are set. Different understandings of the “right to be alone” or “the right to respect for private and family life” are provided. The significance of the information privacy is pointed out and the right to informational self-determination is deciphered. Having presented the substrate for personal data protection, a legal synopsis of the aforementioned subject is the concluding part of the chapter, with emphasis on data retention.

Cyber Crime ◽  
2013 ◽  
pp. 124-145
Author(s):  
Judith Rauhofer

In this chapter the limits for the sphere of personal communications are set. Different understandings of the “right to be alone” or “the right to respect for private and family life” are provided. The significance of the information privacy is pointed out and the right to informational self-determination is deciphered. Having presented the substrate for personal data protection, a legal synopsis of the aforementioned subject is the concluding part of the chapter, with emphasis on data retention.


2019 ◽  
Vol 8 (1) ◽  
pp. 119
Author(s):  
Fadhilah Pijar Ash Shiddiq ◽  
Sinta Dewi Rosadi ◽  
Rika Ratna Permata

<p>Privacy, as a part of Human Rights, is the right of freedom of private matters. The basic concept of privacy is “the right to be let alone” which state that every individual have the right to have his own solitude without intervention. One of the most important information which also can be associated with Information Privacy is Personal Data that shall be protected as a form of protection to the privacy itself. Some of the personal data has been used as the requirements of the SIM Card Registration, thus making new problems regarding its personal data protection since the comprehensive regulation still covered only by the Ministral Regulation. Research method used in this paper is Descriptive Analytic in which the writer analyze the research object by explaining the situation and the condition of the personal data protection obtained from literatures on the facts that can be associated with the implementation of SIM Card Registration Policy according to Indonesia’s Positive Law and International Law. According to the result of the study, the Ministral Regulation already covered most of the basic data protection needed in the SIM card registration policy, however the protection provided by the Ministral Regulation still has not covered the third party involved. The Involvement of this third party is inevitable and should be protected immediatelyin order to prevent any abuse of personal data.</p>


Author(s):  
Agnese Reine-Vītiņa

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.


Author(s):  
Ioannis Iglezakis

Digital libraries provide many advantages compared with traditional libraries, such as wide and round the clock availability of resources, lack of physical boundaries, etc. However, the disclosure of personally identifiable information in the course of processing activities may lead to an invasion of privacy of library users, without their being aware of it. In fact, privacy threats are increased in the digital environment, in which digital libraries operate. The right to privacy in the library is “the right to open inquiry without having the subject of one’s interest examined or scrutinized by others” (ALA, 2005). Users of digital libraries have similar privacy expectations when making use of their services. The issues concerning the privacy of digital libraries’ patrons are thus addressed in comparative perspective, in this chapter. In more particular, the legal regulations with regard to data protection in digital libraries in the EU and the US are presented. The comparative analysis of the two legal orders shows differences and similarities, but also highlights loopholes of protection.


2020 ◽  
Vol 21 (6) ◽  
pp. 1283-1308
Author(s):  
Jie (Jeanne) Huang

AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.


2019 ◽  
pp. 245-259
Author(s):  
Bernard Łukanko

The study is concerned with the issue of mutual relationship between the failure to comply with the laws on personal data protection and regulations relating to the protection of personal interests, including in particular the right to privacy. The article presents the views held by the Supreme Court with respect to the possibility of considering acts infringing upon the provisions of the Personal Data Protection Act of 1997 (after 24 May 2018) and of the General Data Protection Regulation (after 25 May 2018) as violation of personal interests, such as the right to privacy. The author shared the view of the case law stating that, if in specifc circumstances the processing of personal data violates the right to privacy, the party concerned may seek remedy on the grounds of Articles 23 and 24 of the Polish Civil Code. This position isalso relevant after the entry into force of the GDPR which, in a comprehensive and exhaustive manner, directly applicable in all Member States, regulates the issue of liability under civil law for infringements of the provisions of the Regulation, however, according to the position expressed in professional literature, it does not exclude the concurrence of claims and violation of the provisions on the protection of personal interests caused by a specifc event. In case of improper processing of personal data, the remedies available under domestic law on the protection of personal interests may be of particular importance outside the subject matter scope of the GDPR applicability. 


Jurnal Hukum ◽  
2021 ◽  
Vol 37 (1) ◽  
pp. 1
Author(s):  
Giosita Kumalaratri ◽  
Yunanto Yunanto

The development of information technology in the era of globalization makes it easier for people to carry out their daily activities, apart from socializing, it can also be a channel for work. Behind the simplicity coveted by technological developments opens up loopholes related to personal data that is easily misused. Indonesia does not yet have specific laws governing the protection of personal data as a whole. So that the author will examine the urgency of the draft personal data law in Indonesia, personal data protection schemes, to the impact of the implementation of the personal data protection bill. This study uses a normative juridical research method. The results of the study point to a privacy rights protection scheme in which everyone has the right to publish personal data or the right not to publish personal data to the public. The weakness of personal data protection regulations in Indonesia that have not been specifically regulated increases the potential for crimes against the right to privacy, but the drafting of the Personal Data Protection Bill brings fresh air not only to the public but to the government sector to the international business environment.


2020 ◽  
Vol 6(161) ◽  
pp. 47-67
Author(s):  
Karol Grzybowski

By adapting the provisions of the Labour Code to EU regulations on personal data protection, the legislator has explicitly allowed employers to process personal data of employees and applicants for employment on the basis of their consent. However, the new provisions exclude the processing of data on convictions on this basis and limit the possibility of giving effective consent to the processing of sensitive data. The article attempts to analyze the solutions adopted in the context of the constitutional guarantee of informational self-determination. The author defends the thesis that the provisions of Article 221a § 1 and Article 221b § 1 of the Labour Code disproportionately interfere with an individual’s right to dispose of data concerning him or her. These provisions do not meet the criterion of the intervention’s necessity. The protective goal of the regulation, as established by the legislator, may be achieved by means of the legal instruments indicated in the article, which do not undermine the freedom aspect of the informational self-determination.


2017 ◽  
Vol 30 (3) ◽  
pp. 125-135
Author(s):  
Zana Pedic

Right to (information) privacy and right to personal data protection have many common contact points. However, the very act of developing data protection, as a younger right into the sui generis right shows that these two rights are not the same and that there are differences between them, huge enough to make them separate legal rights. The main trigger for noticing their different nature, purpose and background and for development of the data protection into the separate right was the revolution in the information technology solutions. This IT progress, for the first time, enabled massive and relatively cheap operations with the personal data and brought not only concern about the security of the personal data, but also unbelievable business possibilities. It was the turning point for the codification of the data protection right which started from 1970ies, aiming to create separate rules and legislation which will understand the importance of not only of protecting personal data but of their regulated and lawful usage. Despite all what was said, there is still certain confusion regarding these two rights, mainly because in the initial phase of the massive usage of the new IT solutions, when the data protection legislation still wasn’t developed, information privacy right served as the only legal protection of the data protection right and the relationship between these two rights is complex even today and deserves to be further researched


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