Striking a Balance

Tap ◽  
2017 ◽  
Author(s):  
Anindya Ghose
Keyword(s):  
Personal Data ◽  
The Right

This chapter discusses the importance of businesses striking the right balance in consumer lives while leveraging technologies. On the surface, it is very easy for businesses to get discouraged by consumers' seeming resistance or inhibition to advertising. However, what lies beneath the surface is different. On the inside, consumers do have appreciation for advertising, albeit at varying levels. This is reflected in four behavioral contradictions, which are particularly striking as business becomes more aware of the immense and untapped power of the mobile economy: (i) people seek spontaneity, but they are predictable and they value certainty; (ii) people find advertising annoying, but they fear missing out; (iii) people want choice and freedom, but they easily get overwhelmed; and (iv) people protect their privacy, but they increasingly use their personal data as their currency.

The protection of genetic information

2010 ◽  
pp. 91-113
Author(s):  
Juri Monducci
Keyword(s):  
Genetic Information ◽  
Personal Data ◽  
Genetic Data ◽  
Case Law ◽  
Genetic Determinism ◽  
Genetic Identity ◽  
Statutory Protection ◽  
Right Not To Know ◽  
Genetic Makeup ◽  
The Right

The law pertaining to personal data has developed in Italy over a thirty-year span that took us from recognition of such data in the case law, in 1975, to its statutory protection, in 2003. This evolution would subsequently come to the point of specifically regulating the processing of genetic data as data revealing an individual's genetic makeup, thereby also revealing the biological future of individuals and their offspring: this information describes an individual at a core level where the deepest, most unchangeable traits are found and can therefore nurture what is nowadays referred to as genetic determinism, which reduces the person to a complex of genetic data and so ignores the whole layer of characteristics that make each of us unique. There is, then, a discriminatory risk inherent in the processing of genetic data, and equally clear are the psychological implications of such processing, so much so that the need has arisen to have rules in place aimed at regulating the biotechnologies and genetics in particular. These rules have given birth to the so-called fourthgeneration rights, inclusive of the right to ones genetic identity and the right not to know ones genetics (although this is something that had been discussed earlier, too), and it is to a discussion of these rights that this essay is devoted.

Respecting care home residents’ right to privacy: what is the evidence of good practice?

2018 ◽  
Vol 22 (4) ◽  
pp. 198-210 ◽  
Author(s):  
Caroline Emmer De Albuquerque Green ◽  
Anthea Tinker ◽  
Jill Manthorpe
Keyword(s):  
Literature Review ◽  
Care Home ◽  
Good Practice ◽  
Physical Space ◽  
Personal Data ◽  
Care Homes ◽  
Right To Privacy ◽  
Human Right ◽  
Content Type ◽  
The Right

Purpose The purpose of this paper is to review and discuss evidence of good practice in respecting care home residents’ right to privacy. The right to privacy is a fundamental human right as enshrined in international and domestic law and standards. In the context of increasing interest in using a human rights approach to social care in care homes for older people, this literature review summarises research evidence on what respecting the human right to privacy of care home residents entails in practice. Design/methodology/approach This literature review followed a rigorous systematic approach to the scoping review, inspired by the Joanna Biggs Institute’s guidelines for conducting systematic reviews. A total of 12 articles were included in the review. Findings The research took a multidimensional understanding of privacy in their studies. The dimensions can be categorised as physical, inter-relational or related to personal data. The review highlights three good practice points. First, it is good privacy practice in care homes to make available single-occupancy bedrooms to residents since this offers the opportunity to personalising this physical space with furniture and web belongings, adding a sense of ownership over the space. Second, residents appreciate being able to choose when and how they spend their time in their own bedrooms. Third, it is good practice to respect residents’ private physical space and private choices, for example by knocking on doors before entering or agreeing with the resident when it is permissible to enter. The review also found that in some studies privacy considerations were relevant to communal living areas within care homes, including the use of surveillance cameras and the sharing of personal data. Originality/value This literature review adds to the body of academic literature on human rights and social care in practice. It also highlights areas for future research relating to the right to privacy in care homes.

scholarly journals The normative framework of the protection of personal data in the field of (bio)medicine

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
European Convention ◽  
International Treaties ◽  
Normative Framework ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Treatment Procedures ◽  
Biomedical Treatment

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.

scholarly journals Constitutionalization of digital rights: domestic practice and foreign experience

2020 ◽  
pp. 129-133
Author(s):  
Natalia Verlos
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Digital Transformation ◽  
Constitutional Rights ◽  
Digital Rights ◽  
Constitutional Level ◽  
European Court ◽  
Right To Information ◽  
The Right ◽  
Digital Human

The article covers the topical problem of constitutionalization of digital human rights in the conditions of digital transformation.The study analyzes doctrinal approaches to the definition of digital human rights as a legal category, the monitoring of the positive internationalexperience of constitutionalization of digital rights, which can be borrowed in the process of the constitutional reform inUkraine.In the study, based on the analysis of normative experience of foreign countries, the author proposes to identify two ways ofdomestic regulation of digital rights: first, it is the constitutionalization of digital rights, with changing the text of the constitution toregulate digital rights at the highest constitutional level, and second, it is the digitization of constitutional rights, when the rightsenshrined in the constitution become updated on the basis of constitutional decisions, the case-law of the European Court of HumanRights or in the relevant legislation.It is proposed to distinguish “digital rights”, including the right to access to electronic devices and telecommunications networks(Internet), the right to protection of personal data, the right to information self-identification, the right to anonymity, the right to be forgotten,the right to free transfer and dissemination of information, etc. However, it should be taken into consideration that in the processof reforming and carrying out constitutional and legal modernization, it is necessary to take into account the possibility and necessityof the realization of fundamental human rights, which are already defined in the Constitution of Ukraine, but are being implemented inthe conditions of digitalization.It is emphasized that in the process of development of the constitutional law of Ukraine the potential of digital transformation isnot realized in full today, and perspective tendencies have such priorities as the development of network forms of interaction, communicativetechnologies of control and planning, formation of qualitatively updated model of digital rights development. Also, in order toincrease the effectiveness of the implementation of digital rights, it is necessary to use the legal reception from countries where constitutionaland legal modernization has already taken place taking into account the digital transformation and has a positive experience ofregulation, including at the highest constitutional level. It should be borne in mind that in addition to ensuring and implementing digitalhuman rights, it is necessary to develop a concept of digital duties and responsibilities for the violation of these rights in order to preventnegative risks and abuse.

scholarly journals COVID - 19 AS A “SIGNIFICANT CIRCUMSTANCE” FOR RISK ASSESSMENT IN LIFE INSURANCE (IN AND AFTER THE PANDEMIC)

2021 ◽  
Author(s):  
Željka Primorac
Keyword(s):  
Risk Assessment ◽  
Health Status ◽  
Life Insurance ◽  
Personal Data ◽  
Severe Form ◽  
Insurance Contract ◽  
Hospital Treatment ◽  
Legal Norms ◽  
Legal Standards ◽  
The Right

The data on the health status of a policyholder represent a significant circumstance for risk assessment and concluding a life insurance contract, and are also legally relevant circumstances for exercising the rights from that contract. The author starts from a theoretical analysis of the perception of data on the health status of policyholders as personal data, comparing the right to confidentiality of such data with the duty to report them (before concluding a life insurance contract) in terms of reporting all circumstances relevant to the insurance risk assessment. In order to properly fulfil the obligation of pre-contractual nature, the paper analyses the legal norms governing this issue and also provides a comparative overview of the Croatian and German insurance legislation with special emphasis on the scope of health data that the insurer is authorised to require, the clarity of legal standards and legal insurance norms contained in the insurance questionnaires and the life insurance offer. Presenting the importance of COVID-19 infection and possible chronic consequences for human health, the author indicates the extent to which COVID-19 infection (mild or severe form of disease, possible need for hospital treatment) will have an impact on the design of new insurance questionnaires and the relevance of genetic testing results in the context of concluding future life insurance contracts.

scholarly journals The protection of personal data in the field of judicial cooperation in criminal matters: special reference to Directive (EU) 2016/680 of the European Parliament and of the Council

2019 ◽  
Vol 5 (2) ◽  
pp. 92-102
Author(s):  
Maria Belén Sánchez Domingo
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Personal Data ◽  
Fundamental Rights ◽  
Public Security ◽  
Judicial Cooperation ◽  
Eu Directive ◽  
The Right ◽  
High Level ◽  
Criminal Matters

The new European framework for the protection of personal data on freedom, security and justice is embodied, among other instruments, in EU Directive 2016/680 on the protection of natural persons with regards to the processing of personal data by competent authorities for criminal law purposes. This Directive protects fundamental rights, such as the right to the protection of personal data, as well as ensuring a high level of public security by facilitating the exchange of personal data between competent authorities within the Union, with the establishment of a legal system on the transfer of personal data.

scholarly journals REFORMS IN THE COMMUNICATIONS MONITORING SYSTEM AS A PRECONDITION FOR EFFECTIVE HUMAN RIGHTS PROTECTION

2019 ◽  
Vol 31 (5) ◽  
pp. 1509-1514
Author(s):  
Biljana Karovska-Andonovska ◽  
Zoran Jovanovski
Keyword(s):  
Monitoring System ◽  
A Priori ◽  
Personal Data ◽  
The Other ◽  
Right To Privacy ◽  
Human Rights Protection ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Right ◽  
And Control

The reforms in the communications monitoring system as part of the wider reform of the security services in the Republic of Macedonia, resulted with creation of a package of several laws whose adoption was supposed to provide the legislative basis for a system that would really work in accordance with the goals for which it was established. The communications monitoring system should provide a balanced protection of the right to security, on the one hand, and the right to privacy, on the other. Only on that way a priori primacy of the right to security over the right to privacy will it be disabled. Hence, the reforms in communications monitoring system are a precondition for the effective protection, primarily for the right to privacy and the secrecy of communications, but also for the right to personal data protection, the inviolability of the home as well as for the right to presumption of innocence. It is a complex and delicate matter where opening of a real debate through which the present deficiencies will be perceived in order to create an appropriate legal solutions was very important. However, the new Law on Interception of Communications as the most important in this area, retained a certain part of the provisions that were debatable in the previous legal solutions. The provisions regarding the model for interception of communications, which stipulates the establishment of a separate agency that mediates between the operators and the authorized bodies for interception of communications, were questionable as well. Also, new measures for monitoring communications in the interest of security and defense, as well as the provisions which regulate the disposition and delivery of metadata for security and defense, are also debatable. On the other side, the reform laws made an evident progress in a positive sense through the provisions for oversight and control over the interception of communications. With these changes, certain debatable elements have been overcome, especially those that have hindered it so far, and in some cases completely paralyzed the oversight and control over the monitoring of communications. In this paper we analyzed the debatable elements in the reform package of laws on interception of communications as well as some positive aspects contained in the provisions of the reform laws.

Sign in / Sign up

Export Citation Format

Share Document