„PRAVO NA ZABORAV“ – UPOREDNOPRAVNA ANALIZA

2021 ◽  
pp. 151-166
Author(s):  
Sonja Lučić ◽  
Keyword(s):  
European Commission ◽  
Private Information ◽  
Personal Data ◽  
Case Law ◽  
The Internet ◽  
Legal Analysis ◽  
Current Case ◽  
Right To Be Forgotten ◽  
Use Of The Internet ◽  
The Right

By participating in social networks such as Facebook, Twitter and Instagram, network participants are increasingly revealing private information on the Internet. Once published data, whether images or other personal data, can be accessed with virtually no time limit. The idea of developing a "right to be forgotten" for the online area came from the French government. In the meantime, the European Commission has taken up this idea and proposed that, in the context of the revision of the Data Protection Directive 95/46, the "right to be forgotten" be considered in more detail. Although the representatives of the European Commission increasingly pointed out the importance of this right at public hearings, there were obstacles and serious resistance to its introduction, i.e. legal regulation. It was only with the discovery of Edward Snowden about the widespread surveillance of the Internet by the American State Security Agency (NSA) in connection with the increasingly widespread use of the Internet that the question of the need for the "right to be forgotten" became topical again. The author pointed out the specifics of “the right to be forgotten”. In addition, the author dealt with the comparative legal analysis of this institute, and give a special review of the current case law, which has as its subject “the right to be forgotten”. The judgment of the European Court of Human Rights in Hurbain v Belgium provides further clarification of the "right to be forgotten" and a broader approach than that taken in the case law of other courts to balance conflicting legal interests. Recognition of the right of an individual to request a change in the digital archive of a newspaper publisher has expanded the tools for individuals seeking „the right to be forgotten“.

scholarly journals Can the Internet Forget? – Rhe Eight to be Forgotten in the EU Law and its Actual Impact on the Internet. Comparison of the Approaches Towards the Notion and Assessment of its Effectiveness

2020 ◽  
Vol 9 (1) ◽  
pp. 86-101
Author(s):  
Aleksandra Gebuza
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The Internet ◽  
Eu Law ◽  
General Data Protection Regulation ◽  
Actual Impact ◽  
Right To Be Forgotten ◽  
General Data ◽  
The Right ◽  
The Eu

AbstractThe main aim of the article is to provide analysis on the notion of the right to be forgotten developed by the CJEU in the ruling Google v. AEPD & Gonzalez and by the General Data Protection Regulation within the context of the processing of personal data on the Internet. The analysis provides the comparison of approach towards the notion between European and American jurisprudence and doctrine, in order to demonstrate the scale of difficulty in applying the concept in practice.

Where Now for the Right to Be Forgotten?

2020 ◽  
pp. 315-331
Author(s):  
Evelyn (Patsy) Kirkwood
Keyword(s):  
New Right ◽  
The Internet ◽  
General Data Protection Regulation ◽  
Search Results ◽  
Right To Be Forgotten ◽  
General Data ◽  
Use Of The Internet ◽  
The Uk ◽  
The Right ◽  
The Impact

Increased recognition of the pervasiveness of information collected and accessed has led to concern as to its impact on privacy. The ability to impact people's lives with the easy availability of information that in other eras would have remained hidden or “forgotten” is highlighted by the use of the internet for instant recall. Such information, which organizations often hold for commercial benefit, is increasingly made available through search results or from online archives. This chapter will focus on the impact of the Google Spain case, which was believed to have created a new right to be forgotten, leading to the finalization of Article 17 of the General Data Protection Regulation. The author will then examine more recent cases where the new right has been applied and their impact on defining its scope. In particular, the author will focus on the UK joined cases of NT1 and NT2.

scholarly journals Constitutional Protection of Public Figures’ Personal Data on the Internet

2020 ◽  
pp. 68-77
Author(s):  
Galina N. Komkova ◽  
Alla V. Basova ◽  
Rima A. Torosyan
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
The Internet ◽  
Public Officials ◽  
The Public ◽  
Constitutional Protection ◽  
Personal Data Protection ◽  
Public Figures ◽  
Use Of The Internet ◽  
The Right

The article presents the issue of constitutional protection of public figures’ personal data on the Internet. The authors claim that the use of the Internet is not always aimed at achieving legitimate goals, in some cases it leads to violation of the person’s human rights. Most often, the right to protect public officials’ and celebrities’ personal data is violated on the Internet. Analysis of the examples of illegal use and distribution of public figures’ personal data on the Internet results in the conclusion that there are three types of offenses in the field of public figures’ personal data protection in information networks. The research proves that the public figures’ personal data protection on the Internet is still at the stage of its formation

The protection of genetic information

2010 ◽  
pp. 91-113
Author(s):  
Juri Monducci
Keyword(s):  
Genetic Information ◽  
Personal Data ◽  
Genetic Data ◽  
Case Law ◽  
Genetic Determinism ◽  
Genetic Identity ◽  
Statutory Protection ◽  
Right Not To Know ◽  
Genetic Makeup ◽  
The Right

The law pertaining to personal data has developed in Italy over a thirty-year span that took us from recognition of such data in the case law, in 1975, to its statutory protection, in 2003. This evolution would subsequently come to the point of specifically regulating the processing of genetic data as data revealing an individual's genetic makeup, thereby also revealing the biological future of individuals and their offspring: this information describes an individual at a core level where the deepest, most unchangeable traits are found and can therefore nurture what is nowadays referred to as genetic determinism, which reduces the person to a complex of genetic data and so ignores the whole layer of characteristics that make each of us unique. There is, then, a discriminatory risk inherent in the processing of genetic data, and equally clear are the psychological implications of such processing, so much so that the need has arisen to have rules in place aimed at regulating the biotechnologies and genetics in particular. These rules have given birth to the so-called fourthgeneration rights, inclusive of the right to ones genetic identity and the right not to know ones genetics (although this is something that had been discussed earlier, too), and it is to a discussion of these rights that this essay is devoted.

scholarly journals IDENTIFICATION DATA MANAGEMENT: LEGAL REGULATION AND CLASSIFICATION

10.23856/4325 ◽  
2021 ◽  
Vol 43 (6) ◽  
pp. 198-203
Author(s):  
Oleksii Kostenko
Keyword(s):  
Information And Communication Technologies ◽  
Social Relations ◽  
Driving Forces ◽  
Personal Data ◽  
Legal Regulation ◽  
The Internet ◽  
Personal Data Protection ◽  
Protection Information ◽  
Use Of The Internet ◽  
Almost All

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.

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).

PENALTIES PROVIDED FOR SERIOUS CRIMES IN THE CRIMINAL CODE OF UKRAINE

2018 ◽  
Author(s):  
Oleksandra Skok ◽  
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
Special Part ◽  
The Right ◽  
National Police

The statistics of the Prosecutor General's Office on registered criminal offenses in the form of serious crimes for 2020 and 2021 were reviewed. Based on this, the number of serious crimes registered by the National Police of Ukraine during the reporting periods was determined. The provisions of the current Criminal Code of Ukraine, the Criminal-Executive Code of Ukraine, the Resolution of the Plenum of the Supreme Court No 7 of October 24, 2003 are analyzed, as well as some scientific positions of domestic scientists Knyzhenko O. O are taken into account. and Berezhnyuk V. M In addition, a review of the case law of the Supreme Court of Cassation on sentencing was studied. A thorough criminal-legal analysis of the sanctions of the articles of the Special Part of the Criminal Code of Ukraine in the part of punishments established for the category of serious crimes was carried out. Based on the analysis, it was determined which main and additional punishments are regulated in the sanctions of the articles of the Special Part of the Criminal Code of Ukraine for the investigated category of crimes. The quantitative and qualitative indicator of sanctions for serious crimes has been determined, which include: imprisonment for a definite term; punishments alternative to imprisonment; additional penalties. Legislative and doctrinal provisions on punishments in the form of imprisonment for a definite term, restriction of liberty, fine, correctional labor, arrest are considered. The judicial practice of Ukraine in the part of certain issues related to the execution of a penalty in the form of a fine and the replacement of a penalty in the form of a fine with a penalty in the form of correctional labor is analyzed. It is established that the Criminal Code of Ukraine, in the sanctions of the articles, provides for the application to a person who has committed a serious crime, punishment in the form of imprisonment, restriction of liberty, fine, correctional labor, arrest - as the main punishment. The range of additional punishments is defined, which determine: confiscation of property, deprivation of the right to hold certain positions or engage in certain activities and a fine.

Internet Identity and the Right to be Forgotten

2015 ◽  
pp. 32-46
Author(s):  
Valentina Amenta ◽  
Adriana Lazzaroni ◽  
Laura Abba
Keyword(s):  
Social Networks ◽  
Human Rights ◽  
Personal Identity ◽  
Personal Data ◽  
Digital Identity ◽  
Right To Be Forgotten ◽  
The Subject ◽  
The Right ◽  
Regulatory Trends

In this chapter, the analysis will focus on the concept of digital identity which is evolving and changing, based on the experiences that every individual lives. The chapter further highlights how the digital identity includes the fundamental human rights such as the right to a name, the right of reply, the right to protection of personal data and the right to an image. In translating the right to personal identity to our digitalized era, with its massive use of social networks, we have added to the related decalogue of rights the right to oblivion, equally called right to be forgotten. Given the complexity of the subject, the chapter develops an analysis of the actual international regulatory trends.

The EU's Use of the Internet

2011 ◽  
pp. 774-783
Author(s):  
J. Shahin
Keyword(s):  
European Commission ◽  
Policy Making ◽  
Information Provision ◽  
The Political ◽  
The Internet ◽  
European Level ◽  
Political Issues ◽  
Use Of The Internet ◽  
The Eu ◽  
The Way

The European Union (EU) has been one of the leading lights concerning Internet use in dealing with other public administrations and citizens. This article will argue that e-government has meant that the European Commission has been able to promote a virtual arena for pan-European activity, which has promoted action at the national and local levels in the EU. In the first instance, this article will deal with how the European Commission uses the Internet to attempt to improve its own relationship with both national public administrations and citizens in terms of the European policy-making process. Although the Internet is perceived as aiding public administrations in information and service provision, which helps to deliver better governance from an institutional governance perspective, a focus on this would only tell one half of the story. Increasing democratic participation and regaining trust in the political system at large is also an important issue for public bodies such as the European Commission to address, and this is not merely a technical process. These technical (efficiency, etc.) and democratic stages are two key parts in the process of developing an information and communication technology (ICT)-based governance agenda in the EU. In order to outline the process, this article deals with four different aspects of the European Commission’s e-policies. It makes reference to the following: 1. The Commission’s information provision, through the EU’s Europa (II) Web server; 2. The way in which the Commission has tried to interact with citizens, using interactive policy making (IPM); 3. The e Commission initiative; and 4. The way in which the Commission links member-state public administrations together, through the IDA(BC) programme. This article reveals the increasing coherence of the European Commission’s approach to using the Internet in institutional affairs. Although the Commission’s approach to using the Internet for governance was initially unstable and ad hoc, by the turn of the century, all efforts had converged around the political issues of institutional reform and better governance. This has been further enhanced by the application of the open method of coordination as one of the tools of EU governance, which has enabled the Commission to take a more informal role in implementing e-government strategies at the pan-European level. This article does not attempt to define e-government at the European level nor does it go into policy areas concerning e-government (such as research, socioeconomic inclusion, improving competitiveness, or specific e-government policy developed by the European Commission), but will contribute to a greater understanding of how the EU itself has used the Internet to promote an e-government agenda that is affecting all public administrations.

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