scholarly journals El impacto de la digitalización en los derechos fundamentales del personal empleado público en España

2020 ◽  
pp. 38-53
Author(s):  
Aitziber Lertxundi Lertxundi
Keyword(s):  
Organizational Context ◽  
Personal Data ◽  
General Information ◽  
Fundamental Rights ◽  
Personal Data Protection ◽  
Occupational Risks ◽  
Organizational Perspective ◽  
Exploratory Approach ◽  
The Right ◽  
The Impact

Laburpena: Lan honetan, erakundearen ikuspegitik eta ikuspegi esploratzailearekin, digitalizazioak Espainian enplegatu publikoen oinarrizko eskubideetan duen eragina ebaluatu dugu. Zehatzago esanda, lehenik eta behin, digitalizazioak erakundearen hainbat arlotan duen garrantziari buruzko informazio orokorra biltzea eta aztertzea du helburu, osatzen duten elementuen lehentasuna, bere garapen maila eta ezarpenerako zailtasunak antzemanez. Bigarrenez, komunikazioan, norbere irudian, datu pertsonalen babesean eta deskonektatzeko eskubidean duen eragina aztertu nahi izan da. Hirugarrenez, dakartzan lan-arrisku berriak (fisikoak eta psikosozialak) antzematea izan du helburu eta, amaitzeko, erakundearen testuinguruan oinarrizko eskubideak babesteko aurrera eraman beharko liratekeen zenbait ekintza proposatzea. Resumen: En este trabajo abordamos, con una aproximación organizativa y exploratoria, la evaluación del impacto de la digitalización en los derechos fundamentales del personal empleado público en España, desde una perspectiva organizativa. Más concretamente, tiene como objetivos, en primer lugar, recabar y analizar la información general sobre la relevancia que la digitalización está teniendo en diversas áreas de la organización, en la prioridad de los distintos elementos que la conforman, en su grado de desarrollo y en las dificultades en su implementación. En segundo lugar, analizar cuál está siendo su impacto en las comunicaciones y en el derecho a la propia imagen, en la protección de los datos personales y en el derecho a la desconexión. En tercer lugar, identificar los nuevos riesgos laborales (físicos y psicosociales) que entraña y, para finalizar, proponer algunas acciones que deberían de llevarse a cabo para preservar los derechos fundamentales en el contexto organizacional. Abstract: In this work, with an exploratory approach and from an organizational perspective, we aim to evaluate the impact of digitalization on fundamental rights of public employees in Spain. More specifically, it aims, in the first place, to collect and analyze general information on the relevance that digitalization is having in different areas of the organization, in the priority of different elements it is comprised of, in its degree of development, as well as in the difficulties in its implementation. Second, it seeks to analyze its impact on communications and the right to self image, personal data protection and the right to disconnection. Third, we intend to identify new occupational risks (physical and psychosocial) that digitalization entails. Finally, we propose some actions that should be considered to protect fundamental rights in the organizational context.

Georgian Administrative Law

2020 ◽  
pp. 707-722
Author(s):  
Tamar Gvaramadze
Keyword(s):  
Personal Data ◽  
Administrative Law ◽  
Council Of Europe ◽  
Legal Reforms ◽  
Personal Data Protection ◽  
Western Values ◽  
Fair Hearing ◽  
Administrative Proceedings ◽  
The Right ◽  
The Impact

This chapter discusses the impact of the pan-European principles of good administration on Georgian administrative law. It shows that the legal reforms and modern administrative legislation that started in Georgia in the 1990s were mostly influenced, and directed by, Western values and European principles, including core provisions of the Council of Europe. This influence has manifested itself, among other things, in the Georgian legislator giving constitutional importance to the right to a fair hearing in administrative proceedings and underlining the importance of good administration. Moreover, special parts of administrative law, such as regulation of local self-governance and personal data protection, have also not been immune to this influence, which has been strengthened by the progressive approach undertaken by Georgian courts.

scholarly journals Recenzja książki Vasiliki Kosta, Fundamental Rights in EU Internal Market Legislation, Oxford and Portland, Oregon 2015, 330 s.

2019 ◽  
Vol 16 (2) ◽  
pp. 261-270
Author(s):  
Joanna Ryszka
Keyword(s):  
Freedom Of Expression ◽  
Personal Data ◽  
Internal Market ◽  
Fundamental Rights ◽  
Personal Data Protection ◽  
Basic Rights ◽  
Scientific Analysis ◽  
The Right ◽  
Integration Area ◽  
The Eu

Implementation of the internal market is one of the basic aims of cooperation between Member States within the EU, being at the same time an integration area that is perceived positively by both their supporters and opponents. Issues related to the implementation of the internal market freedoms are even more interesting in its confrontation with the protection of fundamental rights. This is undoubtedly a significant issue when we think about the degree of identification of the Union citizens with the Union itself. The reviewed monograph takes all the above-mentioned elements, focusing in particular on examining how and to what extent the protection of these rights is implemented in the EU legislation on the internal market. The scientific analysis carried out within its scope covered such important and basic rights as personal data protection, freedom of expression, basic rights related to the performance of work and the right to health protection.

scholarly journals URGENCY OF THE PERSONAL DATA PROTECTION BILL ON PRIVACY RIGHTS IN INDONESIA

Jurnal Hukum ◽  
2021 ◽  
Vol 37 (1) ◽  
pp. 1
Author(s):  
Giosita Kumalaratri ◽  
Yunanto Yunanto
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Business Environment ◽  
Privacy Rights ◽  
The Public ◽  
Protection Scheme ◽  
Personal Data Protection ◽  
The Government ◽  
The Right ◽  
The Impact

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.

scholarly journals GENERAL REGULATION ON PERSONAL DATA PROTECTION. CERTAIN ASPECTS OF THE GDPR'S IMPACT ON LEGAL ENTITIES IN THE REPUBLIC OF ALBANIA

2019 ◽  
Vol 34 (5) ◽  
pp. 1487-1490
Author(s):  
Merisa Çeloaliaj
Keyword(s):  
European Union ◽  
Data Protection ◽  
Freedom Of Expression ◽  
Personal Data ◽  
Personal Data Protection ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
The Impact ◽  
Legal Entities

Actuality, recent, has made us witnesses of rapid technological developments, as part of the globalization process, which inevitably affect to our lives.Technological developments facilitate our day-to-day life starting from the most common aspects and advancing at the speed of light to more complex processes that the human mind would not have been able to solve in the same space of time and with the same resources utilized. Free movement, downloading different apps on our smartphones, shopping online or the registering on social networks are just some of the activities that each of us performs daily, often without being aware of what brings these activities together is actually an action, which is legally called "processing of personal data of the individual".Often with the help of technology, private companies and public authorities collect personal information from clients, services receivers or ordinary citizens and they use it to an unprecedented extent in the pursuit of their activities and goals. The protection of personal data of individuals is in fact a fundamental right, which is sanctioned by a legislation of particular importance in international and domestic law.Even in the Albanian legal order, the right to protection of personal data is sanctioned by a specific legal corpus. In the context of the particular importance of the sensitivity that personal data bears, the European Union has adopted the GDPR, an improved act that reinforces the level of protection of the individual against bureaucracy and rapid technological developments.This modest paper focuses on the impact of this regulation in Albania on public and private legal entities that collect and process personal data.How will the GDPR affect, as an act focusing on respect for private and family life, housing and communications, personal data protection, free thought, conscience and religion, freedom of expression and information, freedom to perform business, the right to effective protection and fair trial in terms of cultural, religious and linguistic diversity, decision-making and activity of various entities in the Republic of Albania?The structure of this paper includes in the introductory section a brief history of the relevant legal acts, goes on to explain some specific terms and addresses important aspects of the impact on legal entities of the latest European Union regulation in the field of protection of personal data.

scholarly journals From Privacy to Data Protection in the eu: Implications for Big Data Health Research

2018 ◽  
Vol 25 (1) ◽  
pp. 43-55 ◽  
Author(s):  
Menno Mostert ◽  
Annelien L. Bredenoord ◽  
Bart van der Slootb ◽  
Johannes J.M. van Delden
Keyword(s):  
Big Data ◽  
Data Protection ◽  
Health Research ◽  
Personal Data ◽  
Fundamental Rights ◽  
Comprehensive System ◽  
The European Union ◽  
Data Intensive ◽  
Personal Data Protection ◽  
The Right

Abstract The right to privacy has usually been considered as the most prominent fundamental right to protect in data-intensive (Big Data) health research. Within the European Union (eu), however, the right to data protection is gaining relevance as a separate fundamental right that should in particular be protected by data protection law. This paper discusses three differences between these two fundamental rights, which are relevant to data-intensive health research. Firstly, the rights based on the right to data protection are of a less context-sensitive nature and easier to enforce. Secondly, the positive obligation to protect personal data requires a more proactive approach by the eu and its Member States. Finally, it guarantees a more comprehensive system of personal data protection. In conclusion, we argue that a comprehensive system of data protection, including research-specific safeguards, is essential to compensate for the loss of individual control in data-intensive health research.

scholarly journals THE RIGHT TO DATA PROTECTION VERSUS “SECURITY”

2020 ◽  
Vol 15 (36) ◽  
pp. 209-232
Author(s):  
Marcos Vinicius Viana da Silva ◽  
Erick Da Luz Scherf ◽  
Jose Everton Da Silva
Keyword(s):  
Data Protection ◽  
Privacy Protection ◽  
Data Privacy ◽  
Personal Data ◽  
Fundamental Rights ◽  
State Of Exception ◽  
Personal Data Protection ◽  
Data Privacy Protection ◽  
Rights Discourse ◽  
The Right

The protection of personal data in the cyberspace has been an issue of concern for quite some time. However, with the revolutions in information technology, big data and the internet of things, data privacy protection has become paramount in an era of free information flows. Considering this context, this research intends to shine a light on the experience of Brazil regarding data privacy protection, through the analysis of a brand new bill passed by Congress: the Brazilian General Personal Data Protection Act. Our assessment of the legislation was made from the perspective of a human rights-based approach to data, aiming to analyze both advancements, limitations and contradictions of the rights-discourse in the LGPD. Our main conclusions were that the (public and national) security rhetoric, also present in the bill, can create a state of exception regarding the processing of personal data of those considered “enemies of the state”, which may result in violations of fundamental rights and procedural guarantees.

scholarly journals The protection of personal data in the field of judicial cooperation in criminal matters: special reference to Directive (EU) 2016/680 of the European Parliament and of the Council

2019 ◽  
Vol 5 (2) ◽  
pp. 92-102
Author(s):  
Maria Belén Sánchez Domingo
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Personal Data ◽  
Fundamental Rights ◽  
Public Security ◽  
Judicial Cooperation ◽  
Eu Directive ◽  
The Right ◽  
High Level ◽  
Criminal Matters

The new European framework for the protection of personal data on freedom, security and justice is embodied, among other instruments, in EU Directive 2016/680 on the protection of natural persons with regards to the processing of personal data by competent authorities for criminal law purposes. This Directive protects fundamental rights, such as the right to the protection of personal data, as well as ensuring a high level of public security by facilitating the exchange of personal data between competent authorities within the Union, with the establishment of a legal system on the transfer of personal data.

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.

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