scholarly journals Criminal Protection of Privacy in the Jordanian Cybercrime Law No. 27 of 2015

2020 ◽  
Vol 16 (12) ◽  
pp. 64
Author(s):  
Wejdan Suleiman Irtaimeh
Keyword(s):  
Personal Information ◽  
The Internet ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Computer Technologies ◽  
Precision And Accuracy ◽  
Use Of The Internet ◽  
Criminal Protection ◽  
Definition Of ◽  
The Right

This study deals with the issue of criminal protection of privacy in the Jordanian Cybercrime Law No. 27 of 2015, as the great developments in computer technologies and the widespread use of the Internet have led to the emergence of new forms of electronic crimes related to the protection of the privacy of individuals. The study indicated that the Jordanian legislator did not include in the Jordanian Constitution or in the Cybercrime Law any definition of the right to privacy that delineates its boundaries and clarifies its features. The study concluded that the Cybercrime Law was ambiguous in some of its articles, especially those related to the protection of the right to privacy. The Jordanian legislator did not include special provisions that explicitly criminalize assault on privacy, as it included provisions for other crimes that include assault on this right, which made it lose clarity, precision and accuracy of wording. Moreover, such provisions omitted other forms of electronic crimes related to the right to privacy, which constituted a legislative deficiency. The study concludes that there is a need to amend the Cybercrime Law No. 27 of 2017 and to have explicit provisions that stipulate the criminalization of assault on privacy, as well as the need to issue a special law to protect the personal information of individuals.

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.

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.

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 El derecho a la privacidad en los Estados Unidos : aproximación diacrónica a los intereses constitucionales en juego

2011 ◽  
pp. 279
Author(s):  
María Nieves Saldaña
Keyword(s):  
Personal Development ◽  
Personal Information ◽  
The United States ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Federal Constitution ◽  
Broad Concept ◽  
El Sistema ◽  
Constitutional System ◽  
The Right

Although the federal Constitution of the United States does not expressly recognize a «right to privacy», however, the Supreme Court, over a long and gradual case law, has considered it implicit in the guarantees of the First, Fourth, Fifth, Ninth and Fourteenth Amendments. Therefore, in the American constitutional system the right to privacy is a broad concept, which is set along more than a century to progressively delimit those areas of the private sphere which tend to preserve those interests of solitude, sanctuary, autonomy, individuality, personal development, freedom of choice in personal matters, control of personal information, as well as the essential substrate of the inviolable human dignity. These essential individual interests contribute to the formation of an active and participatory citizenship, constituting thus the right to privacy a fundamental legal interest for the very existence of the democratic system.Aunque la Constitución federal de los Estados Unidos no reconoce expresamente un «derecho a la privacidad », sin embargo, el Tribunal Supremo, a lo largo de una extensa y gradual jurisprudencia, lo ha considerado implícito en las garantías de la Primera, Cuarta, Quinta, Novena y Decimocuarta Enmiendas. Por tanto, en el sistema constitucional norteamericano el derecho a la privacidad es un concepto amplio, que se ha configurado a lo largo de más de un siglo al delimitarse progresivamente aquellos ámbitos de la esfera privada que tienden a preservar esos intereses de soledad, secreto, autonomía, individualidad, desarrollo de la personalidad, libertad de elección en asuntos personales, control de la información personal, así como del sustrato esencial de la inviolable dignidad humana. Intereses individuales de carácter esencial que coadyuvan a la formación de una ciudadanía activa y participativa, constituyendo así el derecho a la privacidad un bien jurídico fundamental para la existencia misma del sistema democrático.

scholarly journals Protecting the Right to Privacy in China

2005 ◽  
Vol 36 (3) ◽  
pp. 645 ◽  
Author(s):  
Cao Jingchun
Keyword(s):  
Legal Protection ◽  
Modern Concept ◽  
Western World ◽  
Chinese Government ◽  
Personal Privacy ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Definition Of ◽  
The Right ◽  
The Impact

This article suggests the Chinese government should establish systematic legal protection for personal privacy in China. First, a brief introduction to the history of the concept of privacy in China is given. Based on the definition of privacy in the Western world, the modern concept of privacy has been absorbed by Chinese scholars and defined according to Chinese norms. During this process, the subjects and objects of the right to privacy have been chosen and the distinctions between the right to privacy, the right of reputation and the right to know have been made clear. This article considers that it is most important to recognise the right to privacy as an independent right both in the Constitution and Civil Code. Depending on the impact of the breach of privacy, liability for civil or criminal punishment should attach.  Besides these measures, a specific data protection law is also essential. 

scholarly journals Economia da intrusão e modulação na internet | The economy of intrusion and modulation on the internet

2016 ◽  
Vol 12 (1) ◽  
Author(s):  
Sérgio Amadeu da Silveira
Keyword(s):  
Personal Data ◽  
The Internet ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Internet Users ◽  
The Right ◽  
Informational Economy ◽  
Conflictual Relationship

RESUMO O texto trata da economia da interceptação de dados pessoais, também denominada economia da intrusão, componente importante da economia informacional. Mostra a dinâmica da busca pelas atenções e a necessidade crescente da captura de dados pessoais com o objetivo de modular comportamentos e influenciar nas escolhas dos conectados. O texto indica a relação conflituosa entre o direito à privacidade e o mercado de venda de dados pessoais que avança na internet.Palavras-chave: Economia da Intrusão; Privacidade; Mercado de Dados Pessoais; Modulação; Internet.ABSTRACT This paper addresses the economy of personal data interception, also called the intrusion economy, an important component of the informational economy.  It shows the dynamics of attention-getting and the growing need to capture personal data aiming at modulating behaviour and influencing the choices of internet users. The paper points to the conflictual relationship between the right to privacy on one hand and the growing market for personal data on the other.Keywords: Intrusion Economy; Privacy; Market for Personal Data; Modulation; Internet. 

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