scholarly journals La necesidad de una ley de protección de datos en salud

Bioderecho.es ◽  
2019 ◽  
Author(s):  
María Mercedes Serrano Pérez
Keyword(s):  
Data Protection ◽  
Personal Information ◽  
Right To Health ◽  
The Social ◽  
Social Side ◽  
The Right

Resumen: El tratamiento de la información personal en el contexto de la salud y de la investigación en salud ha de conjugar el derecho a la protección de datos de las personas con la necesidad de utilizar la información para la satisfacción de la vertiente colectiva que incorpora el derecho a la salud. El beneficio de dicha armonía repercute en toda la sociedad. Las leyes de protección de datos han de perseguir dicho objetivo.  Summary: The treatmen of personal information in the context of health and the investigation has to harmonize the right to data protection with the use of information to satisfy the social side of the right to health. The benefit of this relationship has an impact on society. Data protection laws pursue this objective

Some Comments on the Highest Attainable Standard of Health

2020 ◽  
Vol 26 (2) ◽  
pp. 134-140
Author(s):  
Gabriela Belova ◽  
Stanislav Pavlov
Keyword(s):  
Health Resources ◽  
Right To Health ◽  
International Standards ◽  
Special Rapporteur ◽  
Health It ◽  
Significant Development ◽  
Cultural Rights ◽  
Optional Protocol ◽  
The Social ◽  
The Right

AbstractThe last decades present a significant development of the economic, social and cultural rights and specifically, the right to health. Until 2000, the right to health has not been interpreted officially. By providing international standards, General Comment No.14 on the right to the Highest Attainable Standard of Health has led to wider agreement that the right to health includes the social determinants of health such as access to various conditions, services, goods or facilities that are crucial for its implementation. The Reports of the Special Rapporteur on the right to health within the UN human rights system have contributed to the process of gaining the greater clarity about the right to health. It is obvious that achieving the highest attainable level of health depends on the principle of progressive implementation and the availability of the necessary health resources. The possibility individual complaints to be considered by the Committee on Economic Social and Cultural Rights was introduced with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, entered into force in 2013.

scholarly journals NEPRUŽANJE ZDRAVSTVENE SKRBI KAO POVREDA ČLANKA 3. EUROPSKE KONVENCIJE S POSEBNIM OSVRTOM NA PRAKSU SUDA U PREDMETIMA IZVAN KONTEKSTA ZADRŽAVANJA

2021 ◽  
Vol 37 (2) ◽  
pp. 83-104
Author(s):  
Maša Marochini Zrinski ◽  
Karin Derenčin Vukušić
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Right To Health ◽  
European Convention ◽  
Political Rights ◽  
Right To Health Care ◽  
European Court ◽  
The Social ◽  
The Right ◽  
Political Character

The European Convention on Human Rights, as a main Council of Europe instrument for the protection of civil and political rights, does not guarantee the right to health care. However, the European Court of Human Rights broadly interprets Convention rights, and within the context of Articles 2, 3 and 8 of the Convention it gave certain indications that it might start dealing with the issue of health care. Without going into details of all the mentioned articles, this paper will analyse cases where the Court dealt with the issue of violation of Article 3 due to non-provision of health care outside the context of detention. Namely, within the context of detention, there is a clear obligation for states to provide health care, and the Court often relies on the reports of the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. What we consider important to point out is the Court’s case-law on providing health care outside the context of detention, given the social character of the right to health care, which goes beyond the civil and political character of the Convention.

Oblivion Is Full of Memory

2021 ◽  
pp. 441-465
Author(s):  
Anabelen Casares Marcos
Keyword(s):  
Data Protection ◽  
Personal Information ◽  
Self Determination ◽  
Current Status ◽  
The Internet ◽  
General Data Protection Regulation ◽  
Legal Duty ◽  
General Data ◽  
The Right ◽  
The Eu

The right to informational self-determination has raised bitter debate over the last decade as to the opportunity and possible scope of the right to demand withdrawal from the internet of personal information which, while true, might represent a detriment that there is no legal duty to put up with. The leading case in this topic is that of Mario Costeja, Judgment of the EU Court of Justice, May 13, 2014. The interest of recent European jurisprudence lies not so much in the recognition of such a right but in the appreciation of certain limits to its implementation, assisting data protection authorities in balancing the rights at stake in each case. Reflection on the current status of the issue considers rights and duties imposed in the matter by Regulation (EU) 2016/679, of 27 April, known as the new General Data Protection Regulation.

scholarly journals Swedish Law on Personal Data in Biobank Research: Permissible But Complex

2021 ◽  
pp. 379-394
Author(s):  
Magnus Stenbeck ◽  
Sonja Eaker Fält ◽  
Jane Reichel
Keyword(s):  
Data Protection ◽  
Personal Information ◽  
Personal Data ◽  
Population Based ◽  
Public Access ◽  
Future Research ◽  
Regulatory Regime ◽  
Biobank Research ◽  
The Right ◽  
Effective Use

AbstractThis chapter describes the regulatory and organisational infrastructure of biobank research in Sweden, and how the introduction of the GDPR affects the possibilities to use biobank material in future research. The Swedish legislator has chosen a rather minimalistic approach in relation to the research exception in Article 89 GDPR and has only enacted limited general exceptions to the data protection rules. This may be partly explained by the comprehensive right to public access to official documents which gives researchers vast access to information held in registries, albeit conditioned on abiding by secrecy and confidentiality rules. The Swedish legislation implementing the GDPR includes a general exception from the data protection rules in relation to the right to access to official documents, which researchers also benefit from. However, confidentiality rules for different categories of information differ between sectors, which hinders an effective use of the registries in research. The regulatory regime for using biobank and registry data in Sweden thus involves both data protection and secrecy rules, which makes the legal landscape permissible but complex. The operationalisation of the research exception in Article 89 GDPR is analysed against this background. Special attention is given to the possibility to link personal information derived from biobanks with personal information from other data sources, including large national population based statistical registries as well as information from national clinical registers.

scholarly journals Homograph Attack Warning System

2019 ◽  
Vol 9 (2S4) ◽  
pp. 26-29
Keyword(s):  
Social Media ◽  
Credit Card ◽  
Personal Information ◽  
Warning System ◽  
Social Engineering ◽  
New Era ◽  
Digital World ◽  
Internet Users ◽  
The Social ◽  
The Right

As we are living in the era of social media apps, from Facebook to WhatsApp which are using everywhere. All these apps are being used by everyone . Although this may seem to be a very good sign that we are moving to the new era of “THE DIGITAL WORLD” but it may have some consequences like spreading of artificial news, crack of personal information like credit card,debit card, passwords or digital wallets etc. The users believe that every message shared on social media might be true . So to protect our internet users we have come up with an idea that provides the ability to discover homonym attack and malicious links which warns the user before they can access the site. The Social engineering attacks have stirred terribly removed from this like fraudulent attack within which we have a tendency to completely rely upon our browser to present north American nation a warning. This situation may worry some computer users but we generally don’t think much about when we perform any action on our mobile phones. But all these so called to do steps are not the right way to deal with these situation .The primary commitments of this paper are understanding a working meaning of IDN satirizing assaults and how those IDN spaces are being introduced in the URL bar in some Internet programs, proposing a working arrangement that reports IDN ridiculing assaults which convert URL into Unicode and punycode.

scholarly journals Homograph Attack Warning System

2020 ◽  
Vol 10 (2) ◽  
pp. 138-141
Author(s):  
Muhammad Uwais ◽  
Arpit Sharma ◽  
Akhil Kumar ◽  
Lakshya Singh
Keyword(s):  
Social Media ◽  
Credit Card ◽  
Personal Information ◽  
Warning System ◽  
Social Engineering ◽  
New Era ◽  
Digital World ◽  
Internet Users ◽  
The Social ◽  
The Right

As we are living in the era of social media apps, from Facebook to WhatsApp which are using everywhere. All these apps are being used by everyone. Although this may seem to be a very good sign that we are moving to the new era of “THE DIGITAL WORLD” but it may have some consequences like spreading of artificial news, crack of personal information like credit card, debit card, passwords or digital wallets etc. The users believe that every message shared on social media might be true. So, to protect our internet users we have come up with an idea that provides the ability to discover homonym attack and malicious links which warns the user before they can access the site. The Social engineering attacks have stirred terribly removed from this like fraudulent attack within which we tend to completely rely upon our browser to present north American nation a warning. This situation may worry some computer users, but we generally do not think much about when we perform any action on our mobile phones. But all these so called to do steps are not the right way to deal with these situation .The primary commitments of this paper are understanding a working meaning of IDN satirizing assaults and how those IDN spaces are being introduced in the URL bar in some Internet programs, proposing a working arrangement that reports IDN ridiculing assaults which convert URL into Unicode and punycode.

Building the Right to Health Movement

2017 ◽  
Author(s):  
Joia S. Mukherjee
Keyword(s):  
Global Health ◽  
Paradigm Shift ◽  
Care Delivery ◽  
Right To Health ◽  
Right To Health Care ◽  
Health Movement ◽  
The Social ◽  
The Us ◽  
The Right ◽  
Global Health Equity

To achieve UHC and the right to health will require a movement in the US and globally. This chapter introduces the concept of social movements in global health. Activism was essential in causing the paradigm shift from prevention to care delivery that gave birth to the global health era. Further activism will be necessary to change the global double standard that implicates who lives and who dies. A movement or coalition of movements is necessary to fight for health systems that can address the entirety of burden of disease, improve the social determinants of health, deliver high-quality equitable care. This chapter highlights the strategies and tactics used by successful and ongoing movements that seek global health equity and justice. The chapter also presents concrete examples for action that can be used to help build and support the social movement needed to realize the universal right to health care.

Protection of Personal Information Act 2013 and data protection for health research in South Africa

2020 ◽  
Vol 10 (2) ◽  
pp. 160-179
Author(s):  
Ciara Staunton ◽  
Rachel Adams ◽  
Dominique Anderson ◽  
Talishiea Croxton ◽  
Dorcas Kamuya ◽  
...  
Keyword(s):  
South Africa ◽  
Data Protection ◽  
Health Research ◽  
Personal Information ◽  
Right To Privacy ◽  
Informational Privacy ◽  
The Right To Privacy ◽  
Constitutional Right ◽  
The Right ◽  
The Impact

Abstract The Protection of Personal Information Act (POPIA) [No.4 of 2013] is the first comprehensive data protection regulation to be passed in South Africa and it gives effect to the right to informational privacy derived from the constitutional right to privacy It is due to come into force in 2020, and seeks to regulate the processing of personal information in South Africa, regulate the flow of personal information across South Africa’s borders, and ensure that any limitations on the right to privacy are justified and aimed at protecting other important rights and interests. Although it was not drafted with health research in mind, POPIA will have an impact on the sharing of health data for research, in particular biorepositories. It is now timely to consider the impact of POPIA on biorepositories, and the necessary changes to their access and sharing arrangements prior to POPIA coming into force.

scholarly journals Privacy & Secrecy: The Right to Control of Personal Information

2020 ◽  
Author(s):  
Lesya Chesnokova ◽  
Keyword(s):  
Personal Information ◽  
Holistic Approach ◽  
Private Sphere ◽  
The Public ◽  
The Social ◽  
The Government ◽  
The Public Sphere ◽  
Critical Components ◽  
The Individual ◽  
The Right

The article considers the right for privacy and secrecy as an opportunity to have a life sphere hidden from the government, society and other individuals. The study is based on a holistic approach including logical, hermeneutical and comparative methods. The historical process of the origin of publicness triggered the development of legal guarantees, personal freedom, and political involvement. This was accompanied by the occurrence of the sphere of privacy where an actor is protected from state and public interventions. Whereas the public sphere is associated with openness, transparency, total accessibility, the private sphere is connoted with darkness, opacity, and closedness. The need for privacy and secrecy is determined by the human vulnerability. One of the critical components of privacy is the right of an individual for control his personal information. To protect one’s own private sphere, one puts on a social mask when speaking in public. In an intimate relationship, unlike in a public one, he voluntarily waives protection by allowing those closest to him access to personal information. The restricted private sphere is sometimes a source of apprehension and a desire to penetrate other people’s secrets, both from the totalitarian state, which seeks to suppress and unify the individual, and from curious members of society. For the purpose of retaining the social world, a person in the course of socialisation learns to respect other’s privacy, behaving discreetly and tactfully. The right for privacy and secrecy is related with freedom, dignity, and the autonomy of personality.

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