Remote Search of IT System in Polish Legislation and Its Importance in Fight Against Cybercrime

2020 ◽  
Vol 11 (2) ◽  
pp. 141-149
Author(s):  
Paweł Olber
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
New Technologies ◽  
Remote Access ◽  
The Right To Privacy ◽  
It Systems ◽  
The Subject ◽  
Access To Data ◽  
The Right ◽  
Technical Solutions

The issues of remote access by law enforcement authorities to data in remote IT systems are extremely difficult and controversial. The literature stresses that such activities threaten the right to privacy of the parties involved in the proceedings and the right to a fair trial. However, on the other hand, the dynamic development of new technologies and the need to combat cybercrime effectively require that law enforcement and judicial authorities make use of adequate legal and technical solutions. One such a solution may be a remote search of an IT system, which exists in many European countries, including Belgium, Romania and Germany. In the case of Poland, a search of an IT system as a procedural activity is only allowed in respect of a system in which the person concerned is a dispatcher or user. The Polish legislator has not implemented procedural provisions enabling remote searches via the Internet. In case of the necessity of a system remote search, it will be necessary to conduct a parallel search. Another way of obtaining remote access to data and IT systems may be new methods of covert surveillance, which have been introduced into the Police Act. The new regulations generate a lot of interest among Polish police officers, but at the same time they provoke a lot of discussion. The diversity of the existing approach leads to the development of a uniform interpretation of the introduced regulations, which has been adopted as the subject of this study.

Relevant questions of decisions agreement on receipt of information on connection between subscribers and/or devices

2020 ◽  
pp. 12-20
Author(s):  
Elina Aleksandrovna Bagavieva
Keyword(s):  
Law Enforcement ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Delegation Of Authority ◽  
Literary Sources ◽  
The Subject ◽  
Procedural Autonomy ◽  
The Right ◽  
Procedural Decisions

This article analyzes the procedural autonomy of an investigator and agreement of investigative work with the head of the investigative branch or prosecutor. The object of this research is the relations forming in the process of decisions agreement on receipt of information on connection between subscribers and/or devices. The author examines the questions of the role of the investigator, head of investigative branch and the prosecutor in this procedure. Analysis was conducted on the legislative and departmental normative legal act regulating the authority of the aforementioned officers, corresponding law enforcement practice, as well as literary sources dedicated to this issue. The research substantiates the conclusion that there is a need for ensuring procedural autonomy of the investigator, including through the means of voiding the need for agreement from the head of the investigative branch or prosecutor to forego filing for court warrant to obtain information. The autonomy of the investigative branches from prosecutor’s office can be ensured by delegation of authority by agreement of procedural decisions that require prosecutor’s approval over to the head of the investigative branch. The question of allowability of circumvention of the right to privacy of phone communication is the subject of consideration of the request to obtain information on connection between subscribers and/or devices by a court.

scholarly journals Teleworking: A New Reality Conditioned by the Right to Privacy

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 64
Author(s):  
Carlos Arroyo-Abad
Keyword(s):  
New Technologies ◽  
Legal Framework ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Work From Home ◽  
Provision Of Services ◽  
The Right

Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In the Spanish case, we speak of Law 10/2021 from 9 July on remote working. The objective of this study is to assess the scope as well as the problems that this law generates during its application, regarding controlling the provision of services. However, we not only identify the incidental factors, but also provide a necessary reinterpretation of the right to privacy from the perspective of the inviolability of homes, especially when its current articulation may operate to the detriment of employees’ rights, as contradictory as this may seem.

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).

Cages for Heavy Bearings: A Patent Study

2015 ◽  
Vol 809-810 ◽  
pp. 646-651
Author(s):  
Romeo Cioară ◽  
Valentin Gabriel Szekely
Keyword(s):  
Continuous Improvement ◽  
Critical Analysis ◽  
Global Economy ◽  
New Technologies ◽  
Manufacturing Complexity ◽  
Operational Energy ◽  
Development Processes ◽  
The Subject ◽  
Technical Solutions

In contextual evolution of the global economy and new technologies, quality, competitiveness, and cost engage companies to focus on continuous improvement and innovation. This approach is highly visible in the bearing industry, due to the emergence and improvement of existing and new types of bearings.The authors of the paper are engaged in a long-term research, which aims to improve the performance of heavy bearings, including identification of new constructive solution. The study is focused on the characteristics and constructive structure of the bearings cages in discussion.In this context, it is logical that the research focuses upon known bearings cages that are currently used [1], as well as unknown or unapplied constructive solutions which are the subject of patents.The critical analysis of various constructive cage solutions for bearings, intended or not for heavy bearings, is a valuable source of inspiration and information towards identification of constructive elements and characteristics useful to develop new technical solutions, by applying integrations, combinations, innovations and development processes [2].In the presented paper several patents are analyzed critically [3, 4, 5], in terms of constructive solutions, manufacturing complexity and presumptive operational energy consumption.

New technologies or new human rights: the right to a government by humans and the right to one’s own thoughts?

2019 ◽  
Vol 76 ◽  
pp. 283-296
Author(s):  
Ryszard Piotrowski
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
New Technologies ◽  
Rapid Development ◽  
State Level ◽  
Human Condition ◽  
The Right To Privacy ◽  
Information And Communication ◽  
Court Proceedings ◽  
The Right

The rapid development of information and communication technology has made it imperative that new human rights be spelled out, to cope with an array of expected threats associated with this process. With artificial intelligence being increasingly put to practical uses, the prospect arises of Man’s becoming more and more AI-dependant in multiple walks of life. This necessitates that a constitutional and international dimension be imparted to a right that stipulates that key state-level decisions impacting human condition, life and freedom must be made by humans, not automated systems or other AI contraptions. But if artificial intelligence were to make decisions, then it should be properly equipped with value-based criteria. The culture of abdication of privacy protection may breed consent to the creation and practical use of technologies capable to penetrate an individual consciousness without his or her consent. Evidence based on such thought interference must be barred from court proceedings. Everyone’s right to intellectual identity and integrity, the right to one’s thoughts being free from technological interference, is as essential for the survival of the democratic system as the right to privacy – and it may well prove equally endangered.

scholarly journals Experience and effectiveness of practice-oriented training of voluntary people’s guard members based at the organizations of MIA of Russia

2021 ◽  
Vol 2021 (2) ◽  
pp. 158-165
Author(s):  
Ol'ga Guz
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Control Group ◽  
Training Methods ◽  
Short Term ◽  
The Public ◽  
Joint Activities ◽  
The Subject ◽  
Training Modules

The relevance of the subject matter of the article is determined by the increasing spread of volunteering in our country, in particular, the formation of voluntary people’s guards that are intended to assist all state authorities includinglaw enforcement agencies. The legal basis for cooperation between the police and the public is fixed in the corresponding statutory documents. The performanceof voluntary people’s patrol depends considerably on the level oflegal, moral and psychological competenceof its members allowing to interact withlaw enforcement officers. Vigilantesshould understand the specifics of human rights practices and law enforcement activities. The decrees of the Ministry of Internal Affairs of Russia define the procedure ofvigilante groupstraining, but their implementation requires the development of policy and methodological documentation. The article presents the analysis of the existing practice of vigilantes training atlaw enforcement agencies, and identifies deficiencies and contradictions in thelevel of their expertise. The article discusses the specific features of such training: its short-term duration, as well as the heterogeneous composition of thevigilante groups as to age and profession. The authorpresents experience in implementing specially developed program forvigilantestraining that is unique both in content and in methods used. The content is presented on the basis of classification of representative tasksthat have to be solved by voluntary people’s patrol in joint activities with police officers. These tasks formed the basis for the three training modules reviewed in the article («Minors», «Foreigners», «Maintenance of order»). Practice-oriented training methods include analysis of real situations that are presented in the classroom in various aspects and forms. Test and situational materials developedon their basis can be used in the process of training as well as for monitoring the effectiveness of the work performed. In conclusionthe author presentsthe analysis of the effectiveness of the suggested training program for vigilante groupas compared to the control group.

scholarly journals Consensus Ad Idem: A Plea for Objectivity in Telephonic Contracts

2017 ◽  
Vol 6 (1) ◽  
pp. 41-56
Author(s):  
D Ganesh Kumar ◽  
Akshay Douglas Gudinho
Keyword(s):  
Freedom Of Speech ◽  
Contract Law ◽  
Fundamental Rights ◽  
Objective Analysis ◽  
Due Diligence ◽  
Legal Certainty ◽  
The Right To Privacy ◽  
The Subject ◽  
The Right ◽  
Made In

Consensus Ad Idem, legally defined as „meeting of minds‟, at the time of the formation of a contract, warrants a cardinal jurisprudential question which transcends its mere literal meaning. In Indian Contract Law, the trend has followed the test of objectivity, whereby it is not the actual intent of the party or parties that enter into the contract that is the subject of judicial evaluation, but it is what a reasonable man would deliberate in the peculiar circumstances of the case. However, the evaluation of telephonic conversations merit intrinsic jurisprudential insight. While applying the objective test, the questions that arise are - is there legal certainty of assent to a contract over telephonic conversations i.e. whether there is free consent. Do the parties have the capacity to contract over telephone? What are the liabilities of the telephone operator and his legal bond to the contract between two or more contracting parties? Does it amount to violation of the fundamental rights to freedom of speech and expression and the right to privacy? The authors attempt to provide an objective analysis of communication in contracts over telephonic means and the constitutional environment embedded therein. To this end, a plea for due diligence prior to the formation of telephonic contracts shall be made in order to bring objectivity to the judicial evaluation of telephonic contracts.

Actual issues of the search of housing or other possession of the person

2021 ◽  
Author(s):  
Yevhen Povzyk
Keyword(s):  
Law Enforcement ◽  
Scientific Literature ◽  
Scientific Research ◽  
Main Body ◽  
Unified Approach ◽  
Basic Law ◽  
The Supreme Court ◽  
The Subject ◽  
The Right ◽  
Problem Setting

Problem setting. One of the basic human rights, enshrined in the Constitution of Ukraine, is the right to inviolability of housing or other possession. The Basic Law stipulates that no penetration into a home or other possession of a person, inspection or search in them is allowed differently than according to a motivated court decision. This provision means that the state is authorized to reasonably restrict the above law. However, according to law enforcement practice, such restriction of the right to inviolability of housing or other possession is not always reasonable and there is an unequal and improper application of regulatory provisions regulating the procedure for carrying out this investigative (investigative) action. This, in turn, requires a comprehensive analysis of problematic issues that arise during the search and a unified approach to their solution. The object of research is legal relations arising during a search of housing or other possession of a person. The subject of the study are regulations that regulate the grounds, conditions and procedural procedure for conducting a search of housing or other possession of a person. Analysis of recent researches and publications. In the scientific literature, certain aspects of the search of housing or other possession were the subject of scientific research of such scientists as: V. Goncharenko, I. Hlovyuk, V. Zaborovsky, V. Noor, O. Kaplina, O. Komarnytska, O. Shvykova, M. Shumylo etc. Target of research is to study problematic issues arising during the search of housing or other possession of a person and to develop on its basis proposals for improving the current criminal procedural legislation. The scientific novelty of the research is to express proposals for improving the current criminal procedural legislation, which relate to the procedural procedure for the search of housing or other possession of a person, the announcement of a break in its conduct and the peculiarities of fixing its results. Article’s main body. The scientific research is devoted to the analysis of the grounds, conditions and procedural procedure for conducting a search in a dwelling or other possession of a person, guarantees of protection of the rights and freedoms of a person during this investigative (search) action, features of fixing the course of conducting a search of a home or other possession of a person. Conclusions and prospects for the development. Based on the analysis, we conclude that it is appropriate to apply to the decision of the Supreme Court of 02.09.2020. № 591/4742/16-k, which states that the protocol of the search of housing is unacceptable evidence, if it does not contain information about the employees of the operational units involved in it, the sequence of all actions during the search and packaging of seized items, as well as if during the search at the time of detection of equipment intended for the manufacture of narcotic drugs (subject of crime), were not present understood, invited investigators after the discovery of such equipment.

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