Transnational Networks and Privacy in South Asia and Southeast Asia: A Survey of the Impact of New Forms of Government Cooperation on the Right to Privacy

2012 ◽  
Author(s):  
Knut Fournier
Keyword(s):  
Southeast Asia ◽  
South Asia ◽  
Transnational Networks ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right ◽  
The Impact

scholarly journals Dua Sisi Gelap Covid-19 : Dilematis Antara Keterbukaan Data Identitas Penderita Covid-19 Dan Transparansi Data Publik Dalam Rangka Menekan Stigmatisasi

2021 ◽  
Vol 1 (2) ◽  
pp. 73-85
Author(s):  
Yohanes Firmansyah ◽  
Imam Haryanto
Keyword(s):  
Information Disclosure ◽  
Human Life ◽  
Psychological Impact ◽  
Health Economy ◽  
Privacy Rights ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right ◽  
The Impact ◽  
The Relationship

The Covid-19 case has had a huge influence on all aspects of human life, starting from health, economy, sosial, law, and many more. The COVID-19 pandemic has caused various frictions between various interests, one of which is a clash between individual interests and community interests. One of the obvious things about this problem is regarding the impact of COVID-19 in the field of sociology, especially the relationship between individuals, especially the issue of community stigmatization regarding infectious diseases, the dilemma between the privacy rights of the identity of COVID-19 patients and the disclosure of publik data on COVID-19 patients with various risks will injure and cause multiple material and immaterial losses. On the other hand, Covid-19 also raises various sosial-psychological problems and legal problems that still do not regulate all aspects of human life. This paper describes the sociological elements of COVID-19, the right to privacy, publik information disclosure, and the sosial-psychological impact of COVID-19, along with a juridical review of the right to privacy and publik disclosure of information regarding the transparency of COVID-19.

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).

scholarly journals Protecting the Right to Privacy in China

2005 ◽  
Vol 36 (3) ◽  
pp. 645 ◽  
Author(s):  
Cao Jingchun
Keyword(s):  
Legal Protection ◽  
Modern Concept ◽  
Western World ◽  
Chinese Government ◽  
Personal Privacy ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Definition Of ◽  
The Right ◽  
The Impact

This article suggests the Chinese government should establish systematic legal protection for personal privacy in China. First, a brief introduction to the history of the concept of privacy in China is given. Based on the definition of privacy in the Western world, the modern concept of privacy has been absorbed by Chinese scholars and defined according to Chinese norms. During this process, the subjects and objects of the right to privacy have been chosen and the distinctions between the right to privacy, the right of reputation and the right to know have been made clear. This article considers that it is most important to recognise the right to privacy as an independent right both in the Constitution and Civil Code. Depending on the impact of the breach of privacy, liability for civil or criminal punishment should attach.  Besides these measures, a specific data protection law is also essential. 

scholarly journals Privacy of European Citizens in the Face of the Development of New Data- Driven Business Models

2021 ◽  
Vol 15 (4) ◽  
pp. 442-456
Author(s):  
Radosław Wiśniewski ◽  
Inga Oleksiuk ◽  
Bożena Iwanowska
Keyword(s):  
Business Models ◽  
Added Value ◽  
Data Driven ◽  
Privacy Rights ◽  
Right To Privacy ◽  
Processing Technologies ◽  
Business Objectives ◽  
The Right To Privacy ◽  
The Right ◽  
The Impact

The main objective of the paper is to identify the imbalance between the right to privacy and the business objectives of entities creating new Data-Driven Business Models (DDBMs) of consumers (EU citizens). Information about the consumer and their characteristics has nowadays become a service or market commodity thanks to which new economic processes, based on the use of advanced data processing technologies, are created. In digital space, new types of DDBM are established, which provide entrepreneurs with added value, based on the mass use of the consumer’s data collected often without their knowledge, on the margins of legality. This paper analyzes the impact of the development of DDBMs on selected privacy areas: personal data, the right to be forgotten, confidentiality of communications, one’s image and identity. In each of these areas, situations are identified that indicate a progressive re-evaluation of citizens’ privacy rights. The authors suggest that disruption of the balance between the right to privacy and business objectives may lead to unambiguous consequences, not only for the consumer (EU citizen), but also for the business entities.

PROTECTION OF THE RIGHT TO PRIVACY AT WORK IN THE PERIOD OF DYNAMICALLY DEVELOPING TECHNOLOGIES – TODAY AND TOMORROW

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 335-353
Author(s):  
Weronika Kupny
Keyword(s):  
Privacy Protection ◽  
Technology Development ◽  
Personal Data ◽  
Right To Privacy ◽  
General Data Protection Regulation ◽  
The Right To Privacy ◽  
General Data ◽  
The Right ◽  
The Impact ◽  
Modern Technologies

The protection of the right to privacy is one of the basic human rights and as a fundamental subject in most modern laws. Legal systems extend the privacy protection instruments to a significant extent, but at the same time they find reasons to strongly interfere in this area. Certainly, the dynamic development of modern technologies does not help the legislator to find a comprehensive solution. The article deals with the subject of privacy protection in the employment relationship on the area of innovation, technology development. In this study, the author also compares the impact of the use of modern technologies in the workplace today – in the light of the applicable regulations and tomorrow – taking into account enactment of Regulation (EU) 2016/679 of European Parlliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealinf Directive 95/46/EC (General Data Protection Regulation).

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 Compliance Costs and the Privacy Act 1993: Perception of Reality for Organisations in New Zealand

2005 ◽  
Vol 36 (3) ◽  
pp. 529
Author(s):  
Emma Harding
Keyword(s):  
Legal Protection ◽  
Modern Concept ◽  
Western World ◽  
Chinese Government ◽  
Personal Privacy ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Definition Of ◽  
The Right ◽  
The Impact

This article suggests the Chinese government should establish systematic legal protection for personal privacy in China. First, a brief introduction to the history of the concept of privacy in China is given. Based on the definition of privacy in the Western world, the modern concept of privacy has been absorbed by Chinese scholars and defined according to Chinese norms. During this process, the subjects and objects of the right to privacy have been chosen and the distinctions between the right to privacy, the right of reputation and the right to know have been made clear. This article considers that it is most important to recognise the right to privacy as an independent right both in the Constitution and Civil Code. Depending on the impact of the breach of privacy, liability for civil or criminal punishment should attach.  Besides these measures, a specific data protection law is also essential. 

scholarly journals CIVIL LIABILITY OF COMPANIES FOR ANONYMOUS COMMENTS POSTED ON THEIR SITES: A CRITERION OF POTENTIAL CONSEQUENCES OF LIABILITY

2021 ◽  
Vol 19 (01) ◽  
pp. 1-11
Author(s):  
Vaidas Jurkevičius ◽  
Jūratė Šidlauskienė
Keyword(s):  
Freedom Of Expression ◽  
Comparative Method ◽  
Civil Liability ◽  
Democratic Society ◽  
Negative Consequences ◽  
Right To Privacy ◽  
Internet Portal ◽  
The Right To Privacy ◽  
The Right ◽  
The Impact

Purpose – The purpose of this study is to investigate a criterion of potential consequences of liability of an Internet portal for unlawful comments of its visitors and set certain general waymarks, which would apply to cases of this kind. Research methodology – The European Court of Human Rights has ruled in four cases (Delfi AS v. Estonia, MTE & Index v. Hungary, Pihl v. Sweden and Tamiz v. the United Kingdom) on whether civil liability can be justified to the website operators for anonymous comments made on their portals that violate the right to privacy. One of the criteria of such evaluation was the possible negative consequences of the civil liability of these entities, but its content and meaning have not been thoroughly studied in the doctrine. Therefore the authors analyse the content of this criterion on the basis of a comparative method. Taking into account the legal context of this study, specific methods of legal interpretation are used in this article (such as, systemic, teleologic, histrorical). Findings – Authors conclude that addressing the civil liability of website operators for damages caused by anonymous comments violating the right to privacy must consider not only the financial, and not only ad hoc, short- and long-term adverse effects of the website operators in general, but the impact of the ruling on the concept of free media and other property and non-material consequences for a democratic society as a whole. Research limitations – This article deals with one criteria for the application of civil liability of website operators for the infringement of an individual’s right to privacy by anonymous comments, that is – the possible negative consequences of the civil liability of these entities. That is the continuation of the authors’ research on the topic of website operator’s liability for unlawful anonymous comments. Practical implications – The research reveals that the consequences of applying the civil liability to the website operator are conditions for assessment of extent of the already existing civil liability; therefore, the criteria of the consequences that arose and / or could arise to website operator are not to be considered as factors justifying the application of civil liability, but rather as factors determining, i.e. extending or limiting, the extent of civil liability. Originality/Value – The vacuum of a consistent concept of assessing the behavior of website operators in response to unlawful comments poses a threat not only to the sustainability of website operators as business or public interest entities, but also to the stability of the legal system as a whole. It is therefore important to disclose the content of elements of assessment of the necessity of restricting the freedom of expression of website operators in a democratic society, which are unregulated and formulated only in the case law of the ECtHR, and which have been applied in national courts for horizontal civil liability claims for anonymous comments. There are no previous research that would focus on these issues.

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