scholarly journals Protection of Personal Information in the Medical Sphere of Social Relations

Author(s):  
Mykola O. Yankovyi ◽  
Hanna V. Foros ◽  
Hanna V. Zaiets ◽  
Olena I. Pluzhnik

The purpose of the work was to identify the main legal parameters of modern information. As material sources of research at work, not only the Ukrainian regulations in the field of medical relations information are used, but also relevant innovations in the legal regulation of medical information relations, which are produced in the countries of the European Union. It is established that in the normative legal acts of Ukraine, unlike in European legislation, there is no division of information about an individual into general data and vulnerable personal data. The laws of Ukraine do not contain the notion of "public figure", whose limits of criticism, according to the European Court of Human Rights, are broader for an ordinary person. Among the main conclusions, it stands out that, in order to guarantee the freedoms and rights of citizens, it is necessary in the regulations to classify groups, lists of personal data and access to them based on the secret classification to avoid ambiguities. The materials in the article have practical value for graduates of higher education institutions of police and medical specialties, among others.

2021 ◽  
pp. 17-28
Author(s):  
V. BRYZHKO ◽  
V. PYLYPCHUK

The article is a continuation of a number of scientific works on the state, trends and further ensuring security of personal data in the context of digital transformation and related problems of legal regulation of new social relations in this area. The key aspects of the EU documents approved in recent years, in particular, the GDPR Regulation, the NIS Directive and the draft legal act on e-Privacy, are considered and evaluated. The main criteria and topical issues that need to be addressed in the context of the implementation of EU law and the development of national legislation on personal data protection are highlighted.


2021 ◽  
pp. 217-226
Author(s):  
Alexandru Țărnă ◽  

The protection and storage of personal data are clearly related to the right to respect for privacy, as guaranteed by art. 8 of the European Convention on Human Rights. The latter provision protects a whole range of rights, namely the right to respect for private and family life, home and correspondence. The principle is that art. 8 protects personal information in respect of which an individual can legitimately hope that it will not be published or used without his or her consent. The study aims to break into the jurisprudence of the European Court of Human Rights, the main objective being to identify decisions that have a fundamental impact on the doctrine and practice of personal data collection. We are aware that multiple regulations in the field of personal data collection can be deduced from the practice of the Court of Justice of the European Union (CJEU). However, given the direct impact of ECtHR decisions on the Republic of Moldova, we found it appropriate to summarize only this aspect. However, in subsequent studies we will address the issue of personal data protection by the Court of Justice of the European Union. The basic idea, derived from that study, is that the Moldovan authorities should adjust their legislation and practices to the standards set out by the ECtHR and thus avoid possible convictions by the European Court.


2020 ◽  
Author(s):  
Yuliya Samovich

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.


10.23856/4325 ◽  
2021 ◽  
Vol 43 (6) ◽  
pp. 198-203
Author(s):  
Oleksii Kostenko

The scale, speed and multi-vector development of science and technology are extremely effective in influencing legal, economic, political, spiritual, professional and other social relations. The development of information and communication technologies, the use of the Internet, the creation, storage, transmission, processing and management of information became the driving forces of the new scientific and technological revolution. This facilitates the introduction of technologies for the transmission and use of information in digital form in almost all spheres of public life, namely text data, photo, audio, video images, which are transmitted in various ways via the Internet and other systems and means of communication. One of the key elements of data transmission technologies and systems is the availability of information by which it is possible to identify their subjects and objects by their inherent identification attributes. In Ukrainian legislation, in particular in the Law of Ukraine «On Personal Data Protection», information or a set of information about an individual who is or can be identified specifically is defined as personal data. However, despite its modernity, this law still contains a number of shortcomings and uncertainties, both in terminology and in the legal mechanisms for working with data by which a person can be identified, i.e. identification data.


Author(s):  
Kseniia Antipova

This article explores the main approaches of Russian and foreign authors towards big data definition; reflects the classification of data, components of big data; and provides comparative characteristics to legal regulation of big data. The subject of this research is the legislation of the Russian Federation and legislation of the European Union that regulate the activity on collection, processing and use of big data, personal data and information; judicial and arbitration practice of the Russian Federation in the sphere of personal data; normative legal acts of the Russian Federation; governmental regulation of the Russian Federation and foreign countries in the area of processing, use and transmission of data; as well as legal doctrine in the field of research dedicated to the nature of big data. The relevance of this research is substantiated by the fact that there is yet no conceptual uniformity with regards to big data in the world; the essence and methods of regulating big data are not fully explored. The goal of this research is determine the legal qualification of the data that comprise big data. The task lies in giving definition to the term “big data”; demonstrate the approaches towards determination of legal nature of big data; conduct  classification of big data; outline the criteria for distinguishing data that comprise the concept of big data; formulate the model for optimal regulation of relations in the process of activity on collection, processing, and use of the data. The original definition of big data in the narrow and broad sense is provided. As a result, the author distinguishes the types of data, reflects the legal qualification of data depending on the category of data contained therein: industrial data, user data, and personal data. Attention is also turned to the contractual form of big data circulation.


2017 ◽  
Vol 6 (1) ◽  
pp. 1-8
Author(s):  
Jorida Xhafaj ◽  
Almarin Frakulli

The main object of this paper is the tender balance that exists and arises even more between the use of personal information that people provide in the course of most public security actions and privacy. This study analyze the most famous and strong related decision of the European Court of Human Rights, with the aim to give our opinion how has to be understand the barrier between the power of individuals over information and the power of public institutions to guaranties security. The protection of personal data is of fundamental importance to a person’s enjoyment of his or her right to respect for private and family life, and how law allocates power over information in different countries, will give us the possibility to define the most important criteria’s which define the existence of abuse or not over personal data and information.


2017 ◽  
Vol 17 (1) ◽  
pp. 45
Author(s):  
Endre Győző Szabó ◽  
Balázs Révész

A magánélet és a biztonság népszerű ellentétpárként tűnhet fel az adatvédelmi gondolkodásban. Leegyszerűsítve olvashatjuk sokszor, hogy ha bizonyos feltételek hiányoznak, aránytalanul nagy áldozatot hozhatunk a személyes magánszféra, a privacy oldalán a biztonság érdekében, és magánszféránk túlzott feláldozása a biztonság oltárán visszafordíthatatlan folyamathoz és orwelli világhoz vezet. Más, a biztonság szempontjait mindenek felettinek hirdető érvelésben viszont a személyes adatok védelmére való hivatkozást alkotmányjogi bűvészkedésnek csúfolják és igyekeznek kisebbíteni a magánszféra-védelem egyébként méltányolandó értékeit. A magánélet és a személyes adatok védelmének pedig nagy a tétje, az adatok illetéktelenek részére való kiszolgáltatása, rosszhiszemű felhasználása egzisztenciákat, családokat tehet tönkre, boldogulási lehetőségeket hiúsíthat meg, ha a védelem alacsony szintre süllyed. Másrészről pedig az információszerzés, illetve előzetes adatgyűjtés a különböző bűnelkövetések, terrorcselekmények előkészületi cselekményei is egyben. Azzal, ha a személyes adataink, magánszféránk védelmében ésszerű lépéseket teszünk, élünk a jog és a technológia adta védelmi lehetőségekkel, adatainkat nemcsak az államtól és a piaci szereplőktől, de a bűnözőktől is elzárjuk, és ezzel mindannyiunk biztonságát szolgáljuk. Egy terület tehát biztosan létezik, ahol a biztonság és magánszféra mezsgyéje összeér: az adatbiztonságé és ezzel összefüggésben a tudatos, felelős felhasználói attitűdé, aminek azonban sokszor az emberi tényező a gátja. Jelen tanulmányban a magánszféra és biztonság kérdéskörének komplexitásáról szólunk, és közös nevezőt keresünk az adatkezelések nézőpontjából, kitérve az új adatvédelmi rendelet (GDPR) magánszféránkat és biztonságunkat egyaránt szolgáló leendő jogintézményeinek bemutatására is. --- Data in security – security in our data? Privacy and security may be deemed as a popular dichotomy. It is often argued that even if security is vital, we might sacrifice too much of our privacy in return. This may be irreversible when it comes to the intrusiveness of surveillance. On the other hand, it is also sometimes argued that the importance of personal data protection deserves less attention than security. There is much at stake when it comes to privacy and the protection of personal data. Misuse of personal information may damage families’ lives and ruin people’s livelihoods, thus this may all have significant repercussions for society as a whole – this is the price to be paid if protection is at a low level. Using sophisticated measures that technology and legal regulations can provide, privacy can be protected. Data security is a common field for the protection of privacy and security – crucial for both endeavours to make people’s lives better. This essay describes the complexity of issues related to privacy and security, while also taking new legislation of the European Union into account.


2020 ◽  
pp. 71-76
Author(s):  
Ye.V. Mykhailovska ◽  
M.I. Gorbachovа ◽  
G.Yu. Mykhnovsky

The article is devoted to the general study of the peculiarities of normative and legal regulation of pension provision in connection with the loss of the breadwinner in Ukraine and the determination of directions for improving the mechanism of pension provision of disabled persons in connection with the loss of the breadwinner on the basis of the analysis of the current legislation of Ukraine. The concept, content, conditions, size and essence of the pension in connection with the loss of the breadwinner, since state pension provision is one of the fundamental measures to ensure the rights and freedoms of a person and a citizen in Ukraine, is revealed. Statistical analysis of the number of persons receiving a pension in connection with the loss of breadwinner during 2018-2020 was conducted. A number of problematic issues related to the introduction of the electronic system - "Portal of electronic services of the Pension Fund of Ukraine", among them: ignorance of the elderly in modern technologies; «human factor» is connected with the inattention of employees of the Pension Fund of Ukraine on the transfer of information to electronic registers; the lack of modern serviceable technological resources in the departments of the Pension Fund of Ukraine; the risk of theft or distribution of personal data by third parties, hackers or other persons. It was established that the improvement of the mechanism of pension provision of disabled persons in connection with the loss of breadwinner on the basis of the analysis of the current legislation of Ukraine will create prospects for improving the pension provision of citizens in order to realize the constitutional rights of citizens to social protection, including the right to pension provision in case of loss of breadwinner. The directions of improvement of the pension provision mechanism in case of loss of breadwinner are proposed, such as: raising the size of the pension with the calculation of prices for the consumer basket; promoting public awareness in the functioning of the electronic system of the Pension Fund of Ukraine; technological updating of equipment and equipment to avoid problems in the process of providing services for the population; development and installation of special programs for the protection of personal information of citizens in the electronic system of the Pension Fund of Ukraine and others.


2020 ◽  
Author(s):  
Yasutoshi Moteki ◽  
Kiyomi Hashimoto

We conducted a questionnaire survey of public hospitals across the country of Japan in order to analyze the issues and challenges concerning personal data protection faced by medical institutions managed by local municipalities in Japan. The reason for targeting public hospitals is that they are more closely related to the regional medical care plan. Questionnaires were sent to all municipal hospitals (887 hospitals with 20 or more beds that are members of the Japan Municipal Hospital Association: JMHA). Key parts of the findings were published as research material in another journal in 2018. This paper summarizes and analyzes the unpublished portion of the 2017 questionnaire survey by the authors. The analysis of the results focuses on the characteristics of the municipal hospitals surveyed and the use of clinical indicators compared by the size of hospitals. While many small and medium-sized hospitals use a common form of consent for the use of personal information, and many large hospitals have specific consent forms for each department (26.4%). Concerning primal method for disposing or deleting personal information, the most chosen item among small and medium-sized hospitals was the incineration or dissolution method (62.5%); the percentage of contractors outsourcing was relatively high in large hospitals (39.5%). In addition, we found the differences between large and small/medium hospitals concerning the use of the clinical indicators. The most used indicator is average length of hospitalization and the rate of hospital bed utilization (80.4%).


2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.


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