The Definition of the Right to Privacy in the United States of America and Europe

Author(s):  
Veronika Szeghalmi
Author(s):  
Araz Poladov

Purpose of research: define the general characteristics of the protection of personal data; analysis of legislation and case law.Methods of research: analysis and study of regulatory documents containing provisions on protection of personal data.Results: normative and practical importance of personal data protection provisions in various legal acts has been underscored.The right to privacy strengthened its position in the United States in the late 19th century and is now recognized by most States.Although the right to privacy in the United States was originally a British political legacy, judicial decisions in England were more conservativeand cautious than those of U.S. courts. One of the important features of this law in the Anglo-Saxon legal system is that itwas previously formed by judicial precedents and legal doctrine. Also, the right to privacy was not among the rights provided for in theBill of Rights. In general, there is an industry-wide approach to data privacy in the United States. There is no specific federal law thatwould guarantee the confidentiality and protection of personal data. Instead, legislation at the federal level is dispersed and aims to protectdata in certain sectors. Judicial practice and court decisions taken at different times play an important role in regulating personaldata protection in the United States. It is also worth mentioning that until the 1970s, decisions of the U.S. courts did not provide thenecessary privacy protection safeguards.Discussion: offering a comprehensive and detailed study and use of this practice in other states.


2013 ◽  
Vol 6 (1) ◽  
Author(s):  
Alfonso MONTAGNE V

The life of Dr. Juan Byron fills of pride the history of medicine of our nation. Peruvian by birth, he lived in Lima during the second half of the IXI century. Survivor of the war against Chile where his knowledge saved many lives, he was the founder of the medical society “Union Fernandina” and of its journal “Crónica Médica”. Journalist, author of dramas, meteorologist, poliglot, bacteriologist and epidemiologist, researcher and teacher of great prestige in the United States of America and a martyr of medicine. None the less this has not been enough spread. Being close to the centennial of his dead (8th May 1,995), I believe it is the right time to make known the most important aspects of his life.


Author(s):  
Knut Fournier

The complexity of the right to privacy is particularly striking when the issues at stake are, ultimately, other political rights and freedoms such as the right to free speech and the right of association. The surveillance of individuals and groups by the state has strong political consequences: the surveillance of political activities re-defines what the private sphere is, and displaces its limits, in a context in which more information is becoming available to the public. Multiple recent developments, exemplified by the role of the right to privacy in movies, exacerbated the tensions between Europe and the United States over the notion of privacy. The future EU data protection laws will create a right to be forgotten, whose political value is still unknown.


Author(s):  
María Nieves Saldaña

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.


1972 ◽  
Vol 6 (4) ◽  
pp. 317-327
Author(s):  
José Duarte de Araújo

The concepts of "rights" and of "right to health care" including its evolution in modern times are discussed. The consequences of implementing this right are discussed in economic terms, regarding the situation in the United States of America. A discussion is also included on the limitations of the role of Health Insurance as a measure to solve the problem of providing health care for all individuals.


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