scholarly journals Politiets infiltration på digitale platforme – set i et menneskeretligt perspektiv

2021 ◽  
Vol 106 (2) ◽  
pp. 128-155
Author(s):  
Lene Wacher Lentz
Keyword(s):  
Police Officers ◽  
Legal Regulation ◽  
Private Life ◽  
European Convention ◽  
Digital Platforms ◽  
Digital World ◽  
Current Article ◽  
The Right ◽  
Statutory Regulation ◽  
Gain Access

AbstractIn the physical wodd, police 'infiltration' traditionally refers to investigations in which incognito police officers blend in with, for example, guests in bars and restaurants for the purpose of eavesdropping. So far, traditional infiltration has not been subject to regulation in Denmark as this has not been deemed legally necessary. A number of novel legal problems present themselves, however, in relation to police infiltration of the digital world. In this context, undercover police officers gain access to closed, private forums on the Internet. The current article argues that police infiltration of digital platforms risks violating the right to private life and private communication under Article 8 of the European Convention on Human Rights, and argues that a tighter legal regulation be enacted in this area. These considerations on infiltration may also be relevant to matters of criminalprocedure in, inter alia, Norway and Sweden, as police infiltrations in these neighboring countries also take place without specific statutory regulation.

CONCEALED BIRTHS, ADOPTION AND HUMAN RIGHTS LAW: BEING WARY OF SEEKING TO OPEN WINDOWS INTO PEOPLE'S SOULS

2012 ◽  
Vol 71 (2) ◽  
pp. 325-354 ◽  
Author(s):  
Jill Marshall
Keyword(s):  
Human Rights ◽  
Personal Autonomy ◽  
Private Life ◽  
European Convention ◽  
Biological Father ◽  
Legal Decisions ◽  
The United Kingdom ◽  
Biological Family ◽  
The Right ◽  
Confidentiality And Privacy

AbstractAlthough rare, giving birth in secret or in concealed circumstances still happens in the United Kingdom. The new born child's existence is unknown to his or her biological ‘father’ and or to the wider biological family of the birth giver who wishes to place the child for adoption without his or her existence being revealed to them. Legal decisions need to be made judicially when a local authority seeks orders as to whether it is required to make further inquiries to identify and notify the biological father and or wider biological family as to any forthcoming adoption proceedings. Developments in European human rights law's protection of a right to respect one's private life provided by Article 8 of the European Convention on Human Rights (ECHR) towards a right to personal autonomy, identity and integrity can be interpreted in different ways. However, three positions are argued here to guard against an erosion of women's confidentiality and privacy in these circumstances. First, women's choices of concealment should be accepted with respect rather than perceived as inauthentic and therefore impermissible; this is in keeping with Article 2's right to life and Article 8's right to personal autonomy and integrity. Second, the right to family life protected by Article 8 of any wider biological family and father is not contravened by allowing women to give birth discreetly. Third, openness and transparency, when it comes to exact knowledge of one's parents in this context is not necessary for a child's identity rights, which are also protected by Article 8's right to personal identity, to be legally protected.

CLASSIFICATION OF PERSONAL DATA IN RELATION TO PERSONS SENTENCED TO IMPRISONMENT

2021 ◽  
pp. 141-145
Author(s):  
Анастасия Юрьевна Сивцова
Keyword(s):  
Civil Rights ◽  
Personal Data ◽  
Private Life ◽  
Constitutional Rights ◽  
The Right To Privacy ◽  
Detention Centers ◽  
Sexual Identification ◽  
The Right ◽  
Statutory Regulation

В статье приводится анализ источников, регламентирующих процесс регламентации персональных данных, анализ норм российских нормативных правовых актов, закрепляющих основные права человека и гражданина, основные конституционные права осужденных на жизнь, здоровье. Автором поясняются некоторые аспекты нормативного регулирования понятия «персональные данные осужденных», право на личную жизнь. На основе научного анализа мнений ученых-юристов автором выстраивается логическая цепочка нормативного регламентирования заявленных дефиниций. В ключевом выводе по данной работе автором дается определение категории информации в следующей трактовке: персональные данные в отношении лиц, содержащихся в следственных изоляторах и осужденных к лишению свободы, - любая информация, относящаяся к прямо или косвенно определенному или определяемому подозреваемому, обвиняемому или осужденному, включающая в себя сведения о частной жизни, связях с родственниками и друзьями, пристрастиях, половой идентификации и предпочтениях, социальном и финансовом положении, о взглядах и убеждениях, о состоянии здоровья, в том числе совокупность информации, способная привести к идентификации осужденного. Предлагается авторская классификация персональных данных специальных субъектов. The article provides an analysis of the sources that regulate the process of regulating personal data, an analysis of the norms of Russian normative legal acts that reflect the basic human and civil rights, the basic constitutional rights of convicts to life and health. The author explains some aspects of the statutory regulation of the concept of "personal data of convicts", the right to privacy. Based on the scientific analysis of the opinions of legal scholars, the author builds a logical chain of statutory regulation of the stated definitions. In the key conclusion of this work, the author defines the category of information in the following interpretation: personal data in relation to persons held in pre-trial detention centers and sentenced to imprisonment - any information related directly or indirectly to a certain or identifiable person, suspect, accused or convicted person, including information about private life, relationships with relatives and friends, addictions, sexual identification and preferences, social and financial status, views and beliefs, health status, including a set of information that can lead to the identification of the convicted person. The author's classification of personal data of special subjects is proposed.

“I have the right to a private life”: Medical students’ views about professionalism in a digital world

2013 ◽  
Vol 35 (10) ◽  
pp. 826-831 ◽  
Author(s):  
Shelley Ross ◽  
Krista Lai ◽  
Jennifer M. Walton ◽  
Paul Kirwan ◽  
Jonathan S. White
Keyword(s):  
Medical Students ◽  
Private Life ◽  
Digital World ◽  
The Right

The European Court of Human Rights has the Turkish Security Forces Held Responsible for Violations of Human Rights: The Case of Akdivar and Others

1997 ◽  
Vol 10 (1) ◽  
pp. 99-110 ◽  
Author(s):  
Leo Zwaak
Keyword(s):  
Human Rights ◽  
Private Life ◽  
Violent Conflict ◽  
European Convention ◽  
Eastern Region ◽  
Human Right ◽  
Security Forces ◽  
South Eastern ◽  
European Court ◽  
The Right

In this article, special attention will be given to the recent judgment of the European Court of Human Right in the case of Akdivar and Others v. Turkey. Since 1985, a violent conflict has raged in the South-Eastern region of Turkey, between the Turkish security forces and sections of the Kurdish population in favour of Kurdish autonomy, in particular members of the PKK (Workers' Party of Kurdistan). Since 1987, 10 of the 11 provinces of South-Eastern Turkey have been subjected to emergency rule, which was in force at the time of the facts complained of. The main issue in this case concerned the fact that during this conflict, a large number of villages have been destroyed and evacuated by the security forces. According to the applicants, the alleged burning of their houses by the security forces constituted, inter alia, a violation of Article 3 (the prohibition of torture and inhuman treatment or punishment) and Article 8 (the right of respect for private life, family life, and home) of the European Convention on Human Rights (ECHR), and Article 1 of Protocol No. 1 (property rights).

scholarly journals The Right to Privacy and Private Detective Activities in Lithuania

2012 ◽  
Vol 5 (2) ◽  
pp. 1-26
Author(s):  
Mindaugas Bilius
Keyword(s):  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Right To Privacy ◽  
Public Authorities ◽  
The Right To Privacy ◽  
Private Detective ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

ABSTRACT Private detectives have been providing their services in Lithuania for about a decade; however, only now has the Seimas of the Republic of Lithuania started to discuss whether it is expedient and necessary to regulate the activities of private detectives by means of a separate law. One of the goals of a separate legal regulation of private detective activities is the protection of human rights, particularly the right to privacy. This article examines the provisions of national and international legislative acts related to the private life of a person, and assesses the opportunities of a private detective to provide private detective services without prejudice to the provisions of applicable legislative acts. The article concludes that a private detective is not an authorized (public) authority and there is no possibility to assess in each case whether the interests of a person using the services of private detectives are more important than those of other persons, which would allow for violating their rights to private life. The limits of an individual’s right to privacy can only be narrowed by a particular person, giving consent to making public the details of his/her private life. It is the only opportunity for a private detective to gather information related to the private life of a citizen. Currently applicable legislative acts in Lithuania do not provide for opportunities for private subjects to collect personal data without that person’s consent. This right is granted only to public authorities and with the court’s permission

scholarly journals UNUSED POSSIBILITIES OF DETECTIVE ACTIVITIES

2017 ◽  
Vol 2 (79) ◽  
pp. 15
Author(s):  
Romualdas Zaleckis
Keyword(s):  
Private Information ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Private Life ◽  
Added Value ◽  
Legal Services ◽  
Market Demand ◽  
Regulatory Aspect ◽  
The Right ◽  
Private Individual

Legal regulation of Lithuanian, Latvian, Russian private detectives activities provide additional opportunities for private detectives to create added value in their practice. Special laws of the countries in question that regulate their activities, give private detectives exclusive rights to provide detective services, therefore activities of other entities in this field is considered unlawful, and carries administrative and criminal liability. Another important statutory regulatory aspect of detective activities is that detectives can be recognized by law, within certain boundaries, to legally collect information about another persons private life, which is completely forbidden for any other private individual and collecting another person's private information, caries criminal and civil liability. And so the legislator has strictly limited the amount of entities that can provide services within the scope of detective activities and the content they are allowed to handle. The author presents two types of services as an example: the search of a debtor and his assets, a person's solvency and reliability evaluation. It is recommendable to employ educational measures to expand market demand for legal services that only detectives have the right to provide.

scholarly journals Legal Regulation of Relations in the Field of Education

2019 ◽  
Vol 8 (4) ◽  
pp. 9035-9038
Keyword(s):  
Human Rights ◽  
Migration Policy ◽  
Case Law ◽  
Legal Regulation ◽  
European Convention ◽  
Right To Education ◽  
National Education ◽  
Education Legislation ◽  
European Court ◽  
The Right

The article analyzes the specifics of ensuring the protection of the right to education in case-law decisions of the European Court of Human Rights. The authors have found that there are problems in the current education systems both in Europe and Russia. These problems are solved in accordance with the case law created by the European Court of Human Rights making decisions to ensure the right to education. The authors have noted the main violations committed by governments or governmental bodies in its implementation. The authors have shown the correspondence of the norms of national education legislation of a number of European countries to the provisions of the European Convention on Human Rights. In this regard, the authors have concluded that today, the right to education in European states is not always respected due to migration policy and in the future, relations in this area will deteriorate.

scholarly journals BRIEF CONSIDERATOINS REGARDING THE JURIDICAL PROTECTION OF PRIVATE LIFE IN THE REGULATION OF THE NEW ROMANIAN CIVIL CODE

2014 ◽  
Vol 8 (2) ◽  
pp. 66-71
Author(s):  
Georgeta Valeria Georgeta Valeria
Keyword(s):  
Human Rights ◽  
Freedom Of Speech ◽  
Civil Code ◽  
Private Life ◽  
European Convention ◽  
Personal Privacy ◽  
Legal Regime ◽  
Private Lives ◽  
The Right

This article, entitled Brief Considerations Regarding the Juridical Protection of PrivateLife in the Regulation of the New Romanian civil Code, examines the new legal regime of howthe private life of the person is respected, in connection to the inseparable link between the rightto a private life, lato sensu, and its four intrinsic rights – the right to freedom of speech, the rightof the person to dignity, the right to a private life and image rights.The regulation was imperatively necessary, both to complete the framework of the valuesguaranteed by art. 8 of the European Convention of Human Rights, but also to establish aninterference between the concept of private life and personal privacy, in the context of theexcessive broadcasting of peoples’ private lives.

scholarly journals EXERCISE OF THE RIGHT TO A FAIR TRIAL IN CASES RELATED TO DOMESTIC VIOLENCE

2020 ◽  
pp. 44-54
Author(s):  
Liudmyla Golovko ◽  
◽  
Viktor Ladychenko ◽  
Olena Gulaс ◽  
◽  
...  
Keyword(s):  
Domestic Violence ◽  
Police Officers ◽  
Comparative Method ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Functional Method ◽  
Fair Trial ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
The Right

The purpose of the article is to investigate the effectiveness of Ukrainian legislation in the fieldof combating domestic violence, as well as the implementation of the right to a fair trial in casesinvolving domestic violence. The following methods were used in the study: analysis and synthesis,system-functional method, comparative method. Results. The article analyzes the legislation ofUkraine in the field of prevention and counteraction to domestic violence, lists both its advantagesand disadvantages, reveals measures in the field of prevention and counteraction to domesticviolence, responsibility for domestic violence, the main directions of state policy in the field ofprevention and counteraction to domestic violence, types of domestic violence. Legal regulation of judicial protection for victims of domestic violence has been studied. Judicial practice in casesrelated to domestic violence was considered. Problems of exercising the right to a fair trial inUkraine in cases related to domestic violence were revealed. Conclusions. Undoubtedly, theadoption of the Law of Ukraine “On Prevention and Counteraction to Domestic Violence”, theintroduction of criminal liability for domestic violence and amendments to a number of regulationsto address domestic violence is a positive step in combating such a negative phenomenon asdomestic violence. At the same time, a significant number of issues remain unresolved. This isespecially true for the resolution of cases of domestic violence and the exercise of the right to afair trial in cases of domestic violence, as well as for the enforcement of court decisions on theissuance of restrictive orders. The need to develop a form for assessing the risks of recurrenceof domestic violence has been demonstrated, as has been done for police officers during theessessment of the need to issue an emergency injunction. The need to enshrine at the legislativelevel what is the preventive work of police officers with the offender and how it is carried outwas proved, because without proper regulation of this issue, this type of special measure tocombat domestic violence is declarative and not applied in practice. In addition, the problem ofrefusal of public and private executive services to enforce court decisions on the establishmentof restrictive measures is pointed out, which also requires legislative regulation. The need tostrengthen the position of the victim of domestic violence by giving her/him the opportunity toclaim compensation for non-pecuniary damage in criminal proceedings was noted.

scholarly journals Legal Regulation of Police Work Incentives

2020 ◽  
Vol 91 (4) ◽  
pp. 59-68
Author(s):  
K. V. Kovalenko
Keyword(s):  
Public Relations ◽  
Police Officer ◽  
Police Officers ◽  
Legal Regulation ◽  
Police Work ◽  
Work Incentives ◽  
The People ◽  
Effective Performance ◽  
The Right ◽  
External Incentives

Based on the analysis of scientific views of scholars, the author has established that the legal regulation of incentives for police work is the regulation of public relations by law means in regard to external incentives for police officers to highly professional, conscientious and dedicated performance of professional and official tasks, functions and powers, as well as their encouragement to achieve positive results in this work. It has been emphasized that the need for legal regulation of incentives for police work is due to the fact that, first of all, employees must know and understand what they can expect in case of successful, dedicated, high-quality and effective performance of their duties and responsibilities, as well as what they can expect in case of improper (not effective, in terms of the violation of law, official discipline, norms of public morality, professional ethics, etc.) perfomance of their powers; secondly, work incentives are provided not only through positive motivation and encouragement, i.e. in the form of receiving appropriate remuneration by a police officer or public recognition of his or her merits, but also through the possibility of prosecuting a police officer for improper performance of official duties. The author has proved that it would be appropriate to provide the right of other subjects, such as members of the public, to raise the issue of encouraging a police officer in order to reduce the dependence of police officers on their immediate superiors in terms of incentives for conscientious work and special merits to society, since police officers serve not the superior officer, but to the people of Ukraine. It has been clarified that the normative principles of implementing the incentive measures within the system of police agencies cause certain remarks that do not allow to consider incentives as an unequivocally effective tool for influencing the efficiency and quality of police officers’ performance of their professional tasks, functions and responsibilities; a tool that really encourages them to selfless and conscientious work in the interests and for the benefit of the people of our state.

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