Journal articles on the topic 'Disclosure of information Law and legislation Australia'
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1
Hamin, Zaiton. "Recent changes to the AML/CFT law in Malaysia." Journal of Money Laundering Control 20, no. 1 (January 3, 2017): 5–14. http://dx.doi.org/10.1108/jmlc-04-2015-0013.
Abstract:
Purpose The aim of this paper is to examine some of the recent changes to the old anti-money laundering and anti-terrorism financing law, which is now known as the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. The paper will highlight the newly consolidated money laundering offences and the newly created offences including structuring of transactions or “smurfing”. Also, the transgression of cross-border movement of cash and negotiable instruments and tipping off about a money laundering disclosure will be assessed. Design/methodology/approach The paper uses a doctrinal legal research and secondary data, with the new AML/CFT legislation as the primary source. For comparative analysis, legislations in the UK, Australia and New Zealand are also examined. Secondary sources include case law, articles in academic journals, books and online databases. Findings The review of the AML/CFT law is timely and indicates the Malaysian government’s efforts to adhere to international standards set by the financial action task force. However, it is imperative that the Malaysian government addresses the remaining instrumental and normative deficiencies in the AML/CFT law to ensure that the recent legal changes are sufficiently comprehensive to prevent and regulate money laundering and terrorist financing within Malaysia. Originality/value This paper is a useful source of information for legal practitioners, academicians, law enforcement, policymakers, legislators, researchers and students.
2
Kucherenko, Oleksii. "FRANCHISING AGREEMENT UNDER THE LEGISLATION OF FOREIGN COUNTRIES." Scientific Notes Series Law 1, no. 9 (2020): 33–37. http://dx.doi.org/10.36550/2522-9230-2020-1-9-33-37.
Abstract:
The article is devoted to the topical issue of studying the foreign experience of legal regulation of the franchise agreement. The author emphasizes that there is no comprehensive full-fledged regulation of the franchise agreement either in the national legislation of individual EU member states or at the international level. The article focuses on the franchisor's obligation to enter into an agreement to provide future franchisees with information about doing business under the franchise system, including the basic conditions of the franchise, data on the number of franchisees in the network, its growth, financial performance, etc. The experience of legal regulation of a franchise agreement in such foreign countries as the USA, Great Britain, Italy, Germany, Spain, Estonia, Lithuania, Australia, etc. is considered. The duality of the legal regulation of franchising at the federal and local levels, as well as the prevalence of the most favorable rules for franchisors (USA) is demonstrated. The author focuses on the experience of the institute of self-regulation of franchising and the establishment of appropriate criteria for franchise companies in the absence of government regulation (Britain). The need to adopt a single institutional law in the field of franchising and to enshrine in it all the key terms used in franchising: the actual franchise agreement, know-how, entrance fee, royalties (periodic payments for the use of intellectual property), the franchisor's goods (Italy). It is expedient to establish a provision on mandatory pre-contractual disclosure of information, according to which the counterparty is provided with information on experience, company experience, prospects for the development of the relevant market, duration of the agreement, terms of renewal or termination of contractual relations (France).
3
Bartlett, Francesca, and Linda Haller. "Disclosing Lawyers: Questioning Law and Process in the Admission of Australian Lawyers." Federal Law Review 41, no. 2 (June 2013): 227–63. http://dx.doi.org/10.22145/flr.41.2.2.
Abstract:
Australian lawyers are assessed and admitted to practise at a state and territory level. An important part of that assessment is an applicant's ‘suitability’ for professional practise; also referred to as the ‘character test’ of personal morality. This test requires applicants for admission to disclose relevant information about themselves including past conduct and (in at least one state) mental health status. Very little information about the process of admission is available. Around the country, we do not know how the character test is currently administered, how many applicants reveal past conduct, and how many are refused admission. This article focuses on the three largest jurisdictions of New South Wales, Victoria and Queensland. It traces their varying approaches to admission; from legislative provision, court interpretation to administrative approach. It also examines some rare data about disclosure patterns on applying for admission. The resulting analysis raises concerns about a range of matters relating to admission to legal practice in Australia. It is argued that the secrecy of process is unjustified; and there is lack of confidentiality, certainty, and possibly fairness, ensured for applicants, particularly where issues of mental health arise. Finally, it is argued that there is a great difference in law and process between the states considered. While the ostensible goal of protection of the public is the same, the approach is far from that.
4
Ireland-Piper, Danielle, and Jonathan Crowe. "Whistleblowing, National Security and the Constitutional Freedom of Political Communication." Federal Law Review 46, no. 3 (September 2018): 341–65. http://dx.doi.org/10.1177/0067205x1804600301.
Abstract:
Whistleblowers promote the values of responsible government and the rule of law by drawing attention to criminal or other forms of wrongdoing in publicly accountable organisations. This article explores the relationship between whistleblowing, national security and the implied freedom of political communication under the Australian Constitution. Legislation such as the Crimes Act 1914 (Cth) (‘ Crimes Act’), the Australian Security Intelligence Organisation Act 1979 (Cth) (‘ ASIO Act’) and the Australian Border Force Act 2015 (Cth) (‘ Border Force Act’) makes it an offence to reveal certain types of information obtained as a Commonwealth officer. The Public Interest Disclosure Act 2013 (Cth) (‘ PIDA’) offers limited protection to whistleblowers in the Commonwealth public sector, but this protection does not extend to information relating to intelligence operations. We argue that blanket criminalisation of unauthorised disclosure by Commonwealth officers or contractors under s 70 of the Crimes Act, along with similar prohibitions in s 35P of the ASIO Act and s 42 of the Border Force Act, offend the implied freedom of political communication by failing to strike an adequate balance between national security and organisational secrecy, on the one hand, and public debate and discussion, on the other. The courts should read down these laws to protect disclosures that hold significant public interest for discussion and debate over government policy or the performance of government officials.
5
Stoop, Philip N., and Chrizell Churr. "Unpacking the Right to Plain and Understandable Language in the Consumer Protection Act 68 of 2008." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (May 17, 2017): 514. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2447.
Abstract:
The Consumer Protection Act 68 of 2008 came into effect on 1 April 2011. The purpose of this Act is, among other things, to promote fairness, openness and respectable business practice between the suppliers of goods or services and the consumers of such good and services. In consumer protection legislation fairness is usually approached from two directions, namely substantive and procedural fairness. Measures aimed at procedural fairness address conduct during the bargaining process and generally aim at ensuring transparency. Transparency in relation to the terms of a contract relates to whether the terms of the contract terms accessible, in clear language, well-structured, and cross-referenced, with prominence being given to terms that are detrimental to the consumer or because they grant important rights. One measure in the Act aimed at addressing procedural fairness is the right to plain and understandable language. The consumer’s right to being given information in plain and understandable language, as it is expressed in section 22, is embedded under the umbrella right of information and disclosure in the Act. Section 22 requires that notices, documents or visual representations that are required in terms of the Act or other law are to be provided in plain and understandable language as well as in the prescribed form, where such a prescription exists. In the analysis of the concept “plain and understandable language” the following aspects are considered in this article: the development of plain language measures in Australia and the United Kingdom; the structure and purpose of section 22; the documents that must be in plain language; the definition of plain language; the use of official languages in consumer contracts; and plain language guidelines (based on the law of the states of Pennsylvania and Connecticut in the United States of America).
6
McDonald, Margaret. "Developments in Adoption Information Legislation in Australia." Adoption & Fostering 16, no. 3 (October 1992): 38–42. http://dx.doi.org/10.1177/030857599201600311.
Abstract:
The year 1990 saw the enactment of adoption information legislation in Queensland (May 1990) and New South Wales (October 1990), the last of the Australian states to grant rights of access to information. Queensland, sometimes referred to as ‘the deep north’, is customarily seen as the most conservative of the states, so there was considerable surprise that such legislation should have passed through the Queensland Parliament unimpeded, with acclaim from all parties. Margaret McDonald reports.
7
Беляева, Ольга, and Olga Byelyayeva. "Contract System: Main Problems of Law Enforcement and Ways of their Overcoming." Journal of Russian Law 3, no. 7 (June 25, 2015): 0. http://dx.doi.org/10.12737/11741.
Abstract:
The author analyzes institutional and practical shortcomings of the Law on contract system, in particular, legal status of pseudo-customers, examination, information disclosure, warranty obligations, the Blacklist of suppliers. The author draws the conclusion on uselessness of tightening the legislation in relation to public procurement. The author considers “conditional application of the law” to be unacceptable: the applicable law is chosen depending on the background of the origin of money. The author suggests cancellation of the institute of examining contract performance results; and establishment of accurate differentiation of contractual and post-contractual obligations. The article notes truncated application of information disclosure norms and bad regulation of the Blacklist of suppliers. The author arrives at the conclusion of uselessness of tightening the legislation in relation to procurements.
8
Ainsworth, Frank, and Patricia Hansen. "Confidentiality in child protection cases Who benefits?" Children Australia 35, no. 3 (2010): 11–17. http://dx.doi.org/10.1017/s1035077200001127.
Abstract:
Child protection legislation in every Australian state and territory prohibits the disclosure of the identity of a person who acts as a mandatory reporter. There is also provision in most child protection legislation that prevents the naming of children and families in protection cases. It is argued that disclosure is not in the interests of the child, the family or the general public. Children's Court proceedings in most states and territories in Australia are closed to the public so that, unlike in most other jurisdictions, interested parties are not able to observe the proceedings. Child protection authorities also have considerable power to collect information about children and families from many sources. This power to obtain information is compounded by legislation which removes confidentiality provisions from professional codes of ethics. Furthermore, the rules of evidence do not ordinarily apply in the Children's Court. This article uses New South Wales as the exemplar state and raises questions about all of these issues.
9
Beck, Luke. "Fair Enough? That National Security Information (Criminal and Civil Proceedings) Act 2004." Deakin Law Review 16, no. 2 (December 1, 2011): 405. http://dx.doi.org/10.21153/dlr2011vol16no2art108.
Abstract:
The need to combat terrorism has resulted in a need for changes to the legal process to take account of the realities of national security. One important change has been the introduction of legislation to govern the disclosure of national security-sensitive information to participants in legal proceedings. This, of course, raises a number of issues including concerns about ensuring fairness to the participants. This article considers whether the National Security Information (Criminal and Civil Proceedings) Act 2004 is consistent with the right to a fair trial found in the International Covenant on Civil and Political Rights to which Australia is a party. The conclusion is that the legislation is consistent with that right.
10
Fedorova, E. A., Yu I. Grishchenko, A. V. Grishchenko, and P. A. Drogovoz. "Evaluation of information disclosure in annual reports of extractive industry companies." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 4 (2021): 172–76. http://dx.doi.org/10.33271/nvngu/2021-4/172.
Abstract:
Purpose. To assess how public annual reports of Russian extractive industry issuers comply with the requirements for disclosure of information. To examine how the introduction of Corporate Governance Code affects the level of information disclosure in extractive industries. Methodology. The paper presents the dictionary compiled by the authors using text analysis. The dictionary contains 186 terms which are to be disclosed in compliance with the requirements of Russian law. To evaluate the level of information disclosure in annual reports of extractive industry issuers, the authors calculate mandatory disclosure index. Findings. In this work, based on the standards for disclosing non-financial information in public annual reports of issuers, the following results were obtained: 1. On the basis of regulatory enactments, key terms are identified that are subject to mandatory disclosure in the annual report of the issuer. 2. A methodology is developed for assessing the level of disclosure of non-financial information on the selected blocks based on textual analysis. 3. Assessment of information disclosure in the public annual reports of mining companies in accordance with the legislation of the Russian Federation was carried out. The rating of information disclosure has been built. Originality. The authors are the first to assess mandatory disclosure in 120 public annual reports of 12 largest extractive industry companies whose shares were traded in Moscow Exchange from 2009 to 2018. On the basis of regulatory enactments, key terms are identified that are subject to mandatory disclosure in the annual report of the issuer. A methodology is developed for assessing the level of disclosure of non-financial information on the selected blocks based on textual analysis. The assessment of information disclosure in the public annual reports of mining companies in accordance with the legislation of the Russian Federation was carried out. Practical value. The created library in Package R enables to evaluate disclosure of information in public annual reports for any period.
11
Carver, Tracey. "Informed consent, Montgomery and the duty to discuss alternative treatments in England and Australia." Journal of Patient Safety and Risk Management 25, no. 5 (September 9, 2020): 187–93. http://dx.doi.org/10.1177/2516043520941330.
Abstract:
The UK Supreme Court in Montgomery v Lanarkshire Health Board imposes a duty on healthcare professionals in relation to information disclosure. The obligation is to take reasonable care to ensure that patients are aware, not just of material risks inherent in any recommended treatment, but of any reasonable alternative treatments. While liability for information non-provision was previously decided according to whether the profession would deem disclosure appropriate, the law now judges the sufficiency of information from a patient’s perspective. In doing so, it adopts the approach advocated for Australia in Rogers v Whitaker. However, commentators, in this journal and elsewhere, have expressed concern that the disclosure obligation is unclear. Although Montgomery defines what is ‘material’ for the purpose of identifying notifiable treatment risks, it offers less guidance as to when alternative treatments will be sufficiently ‘reasonable’ to warrant disclosure. Through an analysis of Australian and UK case law and examples, this article considers the ambit of a practitioner’s duty to discuss alternatives. It concludes that although likely subject to further litigation, the identification of reasonable treatment options requiring disclosure will be influenced by the patient’s clinical condition, their prognosis and viable options from a medical perspective, and various non-clinical matters influenced by the test of materiality.
12
Fernandez, Joseph M. "Pass the Source—Journalism’s Confidentiality Bane in the Face of Legislative Onslaughts." Asia Pacific Media Educator 27, no. 2 (October 25, 2017): 202–18. http://dx.doi.org/10.1177/1326365x17728822.
Abstract:
‘Journalism under siege’ proclaimed the cover of The Walkley Magazine, an Australian publication dedicated to promoting journalism excellence in its March 2017 issue. This headline reflects the severe disruption journalism is experiencing globally. Facts used to be facts and news was news but now we have ‘alternative facts’ and ‘fake news’ (Media Watch, 2017). Against this backdrop, a persistent dilemma for journalism has been the impact of the law on journalists relying on confidential sources who play a critical part in providing access to information. The journalism profession’s apparent source protection gains have been undermined by legislative and other assaults, and it has had a chilling effect on journalists’ contacts with confidential sources. The Australian journalists’ union, the Media Alliance, has warned that ‘it is only a matter of time’ before a journalist is convicted for refusing to disclose a confidential source (Murphy, 2017, p. 3). This article builds on earlier work examining how Australian journalists are coping in their dealings with confidential sources. This article (a) reports on the findings from an Australian study into journalists’ confidential sources and (b) identifies lessons and reform potentials arising from these findings.
13
Murdoch, Blake, and Timothy Caulfield. "Pragmatic clinical trials and the consent process." Research Ethics 14, no. 2 (October 4, 2017): 1–14. http://dx.doi.org/10.1177/1747016117733506.
Abstract:
Pragmatic clinical trials (PCTs) are a relatively new methodological approach to the execution of clinical research that can increase research efficiency and provide access to unique data. Some have suggested that the costs and delays associated with obtaining informed consent could make PCTs difficult or even impossible to execute. Alternative consent models have been proposed, some of which lower standards of disclosure, delay consent, or waive it altogether. We analyze the permissibility of changes to informed consent in the context of Canadian research ethics policies, legislation, common law, professional codes of ethics, and professional standards of practice. We find that Canadian law and policy relating to informed consent clearly applies to any clinician who might be involved in a PCT. In addition, existing consent norms seem unable to accommodate alternative consent models for pragmatic research if such models would involve lowering the standard of disclosure. The strong emphasis on the primacy of individual rights that exist in law and in research ethics norms cannot easily coexist with strategies that involve either waiver of consent requirements or the provision of incomplete information about the research prior to enrolment. If Canadian policy-makers wish to create the regulatory flexibility necessary to accommodate altered consent and disclosure, it is likely this will require the alteration of existing health information legislation, national research ethics policy, and professional standards.
14
Lanshakov, D. S. "CRIMINAL PROCEDURAL PROBLEMS IN IMPROVING LEGISLATION TO COUNTERACT THE DISCLOSURE OF INFORMATION ON MEASURES TO PROTECT INDIVIDUALS IN CRIMINAL PROCEEDINGS." Bulletin of Udmurt University. Series Economics and Law 30, no. 1 (March 2, 2020): 99–104. http://dx.doi.org/10.35634/2412-9593-2020-30-1-99-104.
Abstract:
The improvement of the security process of citizens' participation in a criminal case is guaranteed by various legal means, among which the legal protection on the basis of Federal Law No. 45-FZ “On state protection of judges, law enforcement and supervisory authorities” and Federal Law No. 119-FZ “On state protection of victims, witnesses and other participants in criminal proceedings” holds a special place. The criminal legislation of the Russian Federation provides for an independent Article 311, which establishes criminal liability for disclosing information on security measures of participants in criminal proceedings. In law enforcement practice, there are problems of initiating criminal cases of this category and their subsequent investigation. The subject of evidence in a criminal case instituted on the grounds of corpus delicti provided for in Article 311 of the Criminal Code of the Russian Federation includes a body of information of a different nature. It is specific to the problem of delimiting the characteristics of Article 311 of the Criminal Code of the Russian Federation from the signs contained in Article 310 of the Criminal Code of the Russian Federation. In addition, at the stage of criminal proceedings, the absence of an administratively punishable misconduct should be determined. Among the criminal procedural measures to counteract the disclosure of information about security measures, it is necessary to single out, first of all, a warning to participants in criminal proceedings to prevent the disclosure of information on security measures, by analogy to Article 161 of the Code of Criminal Procedure of the Russian Federation. The article substantiates the need to highlight a new Art. 161.1 of the Code of Criminal Procedure of the Russian Federation “Inadmissibility of disclosure of data on security measures for participants in criminal proceedings” and the author's version of this rule is proposed. In addition, an analysis of other criminal procedural means of counteracting the disclosure of this property is presented.
15
Cossins, Anne. "Revisiting Open Government: Recent Developments in Shifting the Boundaries of Government Secrecy under Public Interest Immunity and Freedom of Information Law." Federal Law Review 23, no. 2 (June 1995): 226–76. http://dx.doi.org/10.22145/flr.23.2.4.
Abstract:
Australian law regulating the use and disclosure of official information is in a far from satisfactory state. It suffers from both obscurity and untoward complexity … [and i]t is ill-suited both to contemporary conditions of government and to prevailing constitutional and democratic norms … Notwithstanding the progressive introduction of Freedom of Information regimes in Australia, we have by no means reached — or sought to reach —the position where … the free use and disclosure of information is the norm and secrecy the exception … While the balance is now changing, and desirably so, secrecy endures as the primary obligation and openness the exception…1
16
Fitz-Gibbon, Kate, and Sandra Walklate. "The efficacy of Clare’s Law in domestic violence law reform in England and Wales." Criminology & Criminal Justice 17, no. 3 (October 2, 2016): 284–300. http://dx.doi.org/10.1177/1748895816671383.
Abstract:
In 2011 the high profile murder of Clare Wood led to the introduction of the national domestic violence disclosure scheme (‘Clare’s Law’) in England and Wales. The scheme aims to prevent the perpetration of violence between intimate partners through the sharing of information about prior histories of violence. Despite already spreading to comparable jurisdictions in the UK and Australia, to date the merits of a domestic violence disclosure scheme have been the subject of limited scholarly review and analysis. This article provides a timely critical analysis of the need for and merits of Clare’s Law. It examines the data impediments to the scheme, the need to balance the right to protection with the right to privacy and the question of victim empowerment versus responsibilization and victim blaming. The article concludes that there is a need to heed caution in adopting this policy elsewhere.
17
Wilson, Deborah. "Acquisition and disclosure of genetic information under alternative policy regimes: an economic analysis." Health Economics, Policy and Law 1, no. 3 (June 2, 2006): 263–76. http://dx.doi.org/10.1017/s1744133106003021.
Abstract:
A current policy issue is whether, and if so under what circumstances, insurance companies should be given access to genetic test results. The insurance industry argues for mandatory disclosure in order to avoid problems of adverse selection; an alternative would be a moratorium or legislation preventing such disclosure; a third option a voluntary disclosure law. This paper investigates the impact of these policies on individuals' incentives to both acquire genetic information and to disclose it to providers of health and/or life insurance. The theoretical framework used to inform this analysis is provided by the ‘games of persuasion’ literature, in which one agent tries to influence another agent's decision by selectively withholding her private information regarding quality. The application of the theoretical framework to this policy context yields the following results. Individuals have the incentive to acquire genetic information and to disclose the test results if disclosure is voluntary. If, however, they are obliged to disclose the results of any genetic tests they have taken, their incentive may be not to acquire such information. I discuss the policy implications of these findings both from the point of view of the insurance industry and from a public health perspective.
18
Webster, Emily. "Information Disclosure and the Transition to a Low-Carbon Economy: Climate-Related Risk in the UK and France." Journal of Environmental Law 32, no. 2 (December 10, 2019): 279–308. http://dx.doi.org/10.1093/jel/eqz034.
Abstract:
Abstract Over the last several years there has been increasing recognition and acceptance of the threat that climate change poses to global financial stability and the concurrent need for corporations to identify and account for both climate risks and their impacts on the environment. This has resulted in the emergence of climate risk disclosure (CRD) as a voluntary standard as well as movement on the domestic level to introduce mandatory CRD, demonstrated by the introduction of CRD framework legislation in France. This article conducts a comparative analysis of France and the UK—countries that are adopting divergent methods of legal development towards CRD—to analyse the potential of CRD as a policy tool to aid towards climate change mitigation and the transition to a low-carbon economy, and evaluate how effectively this is being achieved in practice.
19
de Oliveira Martins, Maria Inês. "Risk Assessment vs. Right to Privacy: The Access to Health Information on the Insurance Candidate through Questionnaires and the Right to Privacy." European Journal of Health Law 20, no. 1 (2013): 63–78. http://dx.doi.org/10.1163/15718093-12341254.
Abstract:
Abstract The need of private insurers for information on the candidate’s health risks is recognized by the law, which places pre-contractual duties of disclosure upon the candidates. When the risks are influenced by health factors, e.g. in the case of life- and health insurances, it implies the provision of health information by the candidates, who thus voluntarily limit their right to privacy. This consent, however, often happens in a context of factual coercion to contract. Next to this, from a legal standpoint, the collection of personal information must respond to the principle of proportionality. Against this background, this article assesses the compatibility of questionnaire techniques that rely on open-ended health related questions with the right to privacy, as protected by Portuguese and international law. It then analyses the extent of pre-contractual duties of disclosure as defined by the Portuguese Insurance Act, which requires the candidate to volunteer all the relevant information independently of being asked for it. In doing so, the article also refers to some other European countries. It concludes that the relevant Portuguese legislation is incompatible both with Portuguese constitutional law and with international law.
20
Whitting, Laura, Andrew Day, and Martine Powell. "Police officer perspectives on the implementation of a sex offender community notification scheme." International Journal of Police Science & Management 18, no. 4 (September 28, 2016): 261–72. http://dx.doi.org/10.1177/1461355716668539.
Abstract:
Community notification statutes, popularly known as ‘Megan’s Law’, were passed in rapid succession throughout the United States following the enactment of landmark legislation in the state of Washington in 1990. Calls for the adoption of similar legislation in Australia gained momentum following the introduction of ‘limited disclosure’ schemes in the United Kingdom and, in 2012, one Australian state introduced a limited form of community notification. This study presents an analysis of in-depth interviews with specialist police officers ( N=21) who are responsible for coordinating the ongoing management, registration and monitoring of sex offenders who live in the community in this jurisdiction to understand their perspectives on the scheme’s implementation. Systematic thematic analysis revealed that the officers were particularly interested in understanding the impact that notification has on offenders, victims and the broader community, and the police agency. The practice-based wisdom distilled from these interviews is used to inform a discussion about the more widespread implementation of this type of public policy both in Australia and in other countries that may be giving this consideration.
21
Катерина Клименко and Олексій Костенко. "ІНФОРМАЦІЙНА ДІЯЛЬНІСТЬ ТА ІНФОРМАЦІЙНЕ ЗАБЕЗПЕЧЕННЯ ДІЯЛЬНОСТІ АДВОКАТА В УКРАЇНІ." World Science 4, no. 3(55) (March 31, 2020): 4–7. http://dx.doi.org/10.31435/rsglobal_ws/31032020/6971.
Abstract:
The scientific article analyzes the problems of legislation governing the activity of the Advocacy and in the field of disclosure of technologies in the provision of services of protection, representation and other types of legal assistance to the client in providing legal information, drafting procedural and other legal documents aimed at ensuring the realization of the client's rights, freedoms and legitimate interests.The directions of reforming the law in the sphere of advocacy by amending the Law of Ukraine of introducing the latest rules of law that will regulate modern public relations with regard to information and communication technologies are proposed.
22
Shanapinda, Stanley. "Retention and disclosure of location information and location identifiers OTT content and communication services." Australian Journal of Telecommunications and the Digital Economy 4, no. 4 (January 11, 2017): 251. http://dx.doi.org/10.18080/ajtde.v4n4.68.
Abstract:
This article describes how Australia’s metadata retention and disclosure regime addresses the retention and disclosure of location information and location identifiers by locally licensed telecommunications service providers and those that do not require a licence to operate in Australia. The article specifically looks at over the-top-content and communication services. The retention and disclosure duties are described in contrast to the powers of the law enforcement agencies to access and use location information from free online social networking services, whereas the law seeks to restrict the retention and thereby the disclosure of location information in respect of over the-top-content and communication services that are not provided by the licensed or unlicensed telecommunications service provider. The paper argues the retention limitations in respect of over the-top-content and communication services are undermined by the actions of the agencies to harvest location information and conduct big data analytics. Similarly, so does the discretion granted to the telecommunications service provider to retain location information in respect of over the-top-content and communication services, provided by a third party content service provider and then be required to disclose it, without any additional safeguards. The actions of the agencies and the discretion granted to the telecommunications companies undermine privacy protections.
23
Shanapinda, Stanley. "Retention and disclosure of location information and location identifiers OTT content and communication services." Journal of Telecommunications and the Digital Economy 4, no. 4 (January 11, 2017): 251–79. http://dx.doi.org/10.18080/jtde.v4n4.68.
Abstract:
This article describes how Australia’s metadata retention and disclosure regime addresses the retention and disclosure of location information and location identifiers by locally licensed telecommunications service providers and those that do not require a licence to operate in Australia. The article specifically looks at over the-top-content and communication services. The retention and disclosure duties are described in contrast to the powers of the law enforcement agencies to access and use location information from free online social networking services, whereas the law seeks to restrict the retention and thereby the disclosure of location information in respect of over the-top-content and communication services that are not provided by the licensed or unlicensed telecommunications service provider. The paper argues the retention limitations in respect of over the-top-content and communication services are undermined by the actions of the agencies to harvest location information and conduct big data analytics. Similarly, so does the discretion granted to the telecommunications service provider to retain location information in respect of over the-top-content and communication services, provided by a third party content service provider and then be required to disclose it, without any additional safeguards. The actions of the agencies and the discretion granted to the telecommunications companies undermine privacy protections.
24
Toni, Toni. "ANALISIS KETERBUKAAN INFORMASI PUBLIK DALAM KAJIAN TEORI HAK ASASI MANUSIA DAN EFEKTIVITAS HUKUM." PROGRESIF: Jurnal Hukum 11, no. 2 (December 1, 2017): 1–5. http://dx.doi.org/10.33019/progresif.v11i2.202.
Abstract:
The openness of public information is part of the human rights related to personal development rights guaranteed in legislation. This study was conducted to find out the legal events when examined from the theory of human rights and the effectiveness of the law. The results of this study are openness of public information is a human right is not supernatural guaranteed in the basic law and the rules of corporate governance and implementation in the field has not been fullest because it influenced several factors namely: the difference between the understanding of perception public body with the applicant information public body that held the rule of State secrets and the lack of synchronization between the standards and regulations of public information disclosure with State secrets.
25
Ibrahimov, Natig Elmaddin. "History of development of commercial secrets in the Azerbaijan legal system." SCIENTIFIC WORK 62, no. 01 (February 8, 2021): 168–71. http://dx.doi.org/10.36719/2663-4619/62/168-171.
Abstract:
The process of gaining the importance of commercially important information in civil circulation has come a long way. The protection and disclosure of commercial secrets, which are among the objects of intellectual property, are becoming increasingly important for the legislation of Azerbaijan. The historical development of commercial secrets in Azerbaijan is closely related to the legislation of the Russian Empire. This was due to historical events. The history of the development of commercial secrets in Azerbaijan can be divided into several stages. The first stage is the feudal period, state structure and legal regulation of this period. The second period covers the period from 1861 to 1917. The third period covers the period from 1917 to 1991. The fourth period covers the period after 1991, the "restoration of capitalism". Nowdays, the protection of commercial secrets comes to the fore in connection with the relevance of globalization, integration and dynamic development of information resources, as well as the emergence of new obstacles and difficulties in legal regulation. Key words: commercial secrets, intellectual property law, Azerbaijani legislation, civil law, Tsarist Russia (Russian Empire), USSR, Azerbaijan SSR
26
Suydam, Steven, Bryan A. Liang, Storm Anderson, and Matthew B. Weinger. "Patient Safety Data Sharing and Protection From Legal Discovery." Journal of Medical Regulation 93, no. 2 (June 1, 2007): 19–25. http://dx.doi.org/10.30770/2572-1852-93.2.19.
Abstract:
ABSTRACT The Institute of Medicine report, To Err Is Human, recommended that collaborative networks of health care organizations should exchange information regarding medical errors to prevent the same errors from being repeated. Another recommendation, that Congress enact legislation protecting such exchanged information from legal discovery, has not occurred. Even if such legislation does pass, it may conflict with existing federal discovery requirements. Nevertheless, existing state and federal law may offer some protection. The most promising source of existing protection for all members of patient safety collaboratives is 42 U.S.C. §299c-3(c), which extends protection to data collection sponsored by the Agency for Healthcare Research and Quality (AHRQ). The Department of Health and Human Services’ confidentiality certificates and state peer review protection laws may offer little if any protection. However, with AHRQ sponsorship and the proper structure, health care organizations may be able to safely exchange information with one another without fear of liability or disclosure of sensitive information.
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Ortega-Rodríguez, Cristina, Ana Licerán-Gutiérrez, and Antonio Luis Moreno-Albarracín. "Transparency as a Key Element in Accountability in Non-Profit Organizations: A Systematic Literature Review." Sustainability 12, no. 14 (July 20, 2020): 5834. http://dx.doi.org/10.3390/su12145834.
Abstract:
The purpose of this article is to present a framework to understand transparency in the third sector and then to explore the main research streams regarding the disclosure of information and accountability by conducting a systematic literature review on the antecedents and dimensions of the transparency of information disclosed by non-profit organizations (NPOs). The essential questions of this work are addressed from an international perspective. In particular, we explore three research questions: (1) why should NPOs disclose transparent information to stakeholders? (2) Why do not all NPOs disclose transparent information? (3) What means do NPOs use to disclose transparent information? Our results highlight the lack of transparency legislation in the third sector, leading NPOs to adopt the voluntary disclosure of information policies to improve the perceived credibility of these entities by their stakeholders. In conclusion, our study highlights the importance of developing a systematic body of knowledge regarding the situation of transparent, voluntary information disclosure in the sector. Moreover, the Sustainable Development Goals promulgated by the United Nations place a high value on transparency for the accountability of institutions. To achieve sustainable development, both peace and the governance of institutions are needed. Reducing corruption and promoting transparency are among the goals which should be reached to achieve social sustainability.
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Manin, Iaroslav. "Legal regime of subsoil use in Australia." Административное и муниципальное право, no. 2 (February 2021): 54–68. http://dx.doi.org/10.7256/2454-0595.2021.2.34270.
Abstract:
The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of the Commonwealth of Australia, licensing of subsoil use, the role of British monarchy in exercising the right of ownership of land by its subjects, and the authority for subsoil management. The scientific novelty of this article consists in the disclosure of legal regime of subsoil use in the Commonwealth of Australia in the context of amendments to Australian natural resources legislation, constitutional and administrative reforms. This work reflects the economic interest of the Russian Federation and domestic organizations of the fuel and energy complex in the Oceania Region, which defines its relevance. The presented materials can be used within the framework of comparative jurisprudence, lawmaking, for educational and other purposes. The author concludes on the preservation of public legal regime of subsoil use in Australia, namely with regards to turnover of licenses and shares therein.
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Rosyid, Moh. "URGENSI UNDANG-UNDANG KETERBUKAAN INFORMASI PUBLIK DALAM MANAJEMEN PEMBANGUNAN EKONOMI." BISNIS : Jurnal Bisnis dan Manajemen Islam 2, no. 1 (May 1, 2014): 77. http://dx.doi.org/10.21043/bisnis.v2i1.5251.
Abstract:
The Public Information Commission (KIP) has the role of encouraging information transparency in central and regional government agencies (pemda) and conducting education related to the era of public information disclosure to the public. Consequently, KIP members must work professionally and work optimally so that people feel their existence. This manuscript is a small part of the effort to provide an understanding to the public about the importance of the Public Information Disclosure Act for citizens, especially for economic development. The business world needs information in its entirety, starting from understanding about legislation, government policies under the law, policies of state administrators at the central and regional levels in the economic/ business field, and other aspects. If this is realized, then people's welfare will be realized through development in the field of public information. The full implementation of the KIP Law is highly dependent on the government's performance, citizens' awareness, and the role of civil society as a Nation Government Organization (NGO / NGO) that controls the performance of the government. The role of NGOs can accelerate the realization of an open government which is a strategic effort to prevent the practice of corruption, collusion and nepotism (KKN), the creation of good governance, and the realization of wise public services.
30
Smith, Malcolm K., and Tracey Carver. "Montgomery, informed consent and causation of harm: lessons from Australia or a uniquely English approach to patient autonomy?" Journal of Medical Ethics 44, no. 6 (March 23, 2018): 384–88. http://dx.doi.org/10.1136/medethics-2017-104273.
Abstract:
The UK Supreme Court in Montgomery v Lanarkshire Health Board adopts an approach to information disclosure in connection with clinical treatment that moves away from medical paternalism towards a more patient-centred approach. In doing so, it reinforces the protection afforded to informed consent and autonomous patient decision making under the law of negligence. However, some commentators have expressed a concern that the widening of the healthcare providers’ duty of disclosure may provide impetus, in future cases, for courts to adopt a more rigorous approach to the application of causation principles. The aim would be to limit liability but, in turn, it would also limit autonomy protection. Such a restrictive approach has recently been adopted in Australia as a result of the High Court decision in Wallace v Kam. This paper considers whether such an approach is likely under English negligence law and discusses case law from both jurisdictions in order to provide a point of comparison from which to scope the post-Montgomery future.
31
Shevchuk, Oleksandr, Mykola Kucheryavenko, Svitlana Davydenko, and Oleksandra Babaieva. "Implementation of the patient's right to obtain information in the concept “health and human rights”." Revista Amazonia Investiga 9, no. 29 (May 18, 2020): 288–96. http://dx.doi.org/10.34069/ai/2020.29.05.33.
Abstract:
The article explores the features of legal regulation of patient’s right to access information in the medical activity field. The reasons for violation of saving of information about patient’s health are the lack of knowledge of law and no understanding the harm that caused if patient’s confidentiality is violated. The analysis of medical confidentiality content, lawful disclosure cases, the conditions and procedure for its legal support. Subjects who received information constituting a medical secret don`t have right to disclose it, legal liability is provided for such norms violation. The medical confidentiality concept and the group of subjects of such legal relations is established. The purpose of the article is to determine the peculiarities of realization of patients’ right to access information in the medical activity field and its protection ways when studying the “health and human rights” concept. Comparative legal and comparative methods were used when studying legislative acts governing the preservation by persons who received information constituting medical secrecy and legal cases of their disclosure. The formal logical method was used to differentiate “medical secret” and “professional secret”. Modeling, analysis and synthesis methods helped to identify the legal basis for protecting the patient`s rights when receiving information about their health, legal responsibility types for its disclosure. The results of this work have determined the legislation of legal problems that arise when patients’ rights to receive reliable information about their health aren`t respected and require immediate resolution.
32
Adam, Lisanne, and Greg Barns. "Digital strip searches in Australia: A threat to the privilege against self-incrimination." Alternative Law Journal 45, no. 3 (May 11, 2020): 222–27. http://dx.doi.org/10.1177/1037969x20923073.
Abstract:
Law enforcement has experienced difficulties retrieving information stored on the mobile devices of suspects. Over the last years, a number of Australian jurisdictions enacted legislation that allows police officers to compel an individual to unlock their device (such as providing a PIN or fingerprint to unlock the device). Non-compliance with these legislative provisions is punishable by imprisonment. The refusal by suspects to comply with an order to unlock their devices has been addressed in a number of Australian courts. In this article, the authors will discuss this legislative activity and the courts’ responses in light of the privilege against self-incrimination.
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Iakovleva-Chernysheva, Anna Iurievna, and Anna Valentinovna Druzhinina. "Legal regulation of digitalization processes in the Russian Federation: civil law aspect." Юридические исследования, no. 8 (August 2021): 51–62. http://dx.doi.org/10.25136/2409-7136.2021.8.36270.
Abstract:
The subject of this research is the trends and problems in the development of civil legislation within the framework of legal regulation of digitalization processes in the Russian Federation. The goal of this article lies in comprehensive examination and disclosure of the legal essence of the concept of digital rights as an object of civil rights, introduced into the Russian legislation within the framework of legal regulation of digitalization processes. The research methodology employs systematic approach, general scientific and special methods of legal science – formal-legal, interpretation of law, etc. For achieving the set goal, the author explores the prerequisites for the development of civil law provision pf digitalization processes; analyzes the novelties of civil legislation pertinent to implementation of various types of digital rights into civil discourse; studies the legal essence of digital rights; determine the ratio between digital rights and equity securities within the civil discourse. The scientific novelty lies in revealing the legal essence of digital rights as a special concept uses in civil law ; systematic analysis of the utilitarian digital rights and digital financial assets that encompass all types of digital rights in the current Russian legislation; substantiation of the fact that property rights in their extensive interpretation used in legal science and case law are the generic concept of digital rights; outlining that the content and conditions for exercising digital rights are determined conformity with the rules of the information system that meets the criteria established by law; examination and explanation of interrelation between different types of digital financial assets and equity securities in the civil discourse. The acquired results can be applied in further research of civil law regulation of digitalization processes, in teaching civil law disciplines in the higher school.
34
Sierra-Garcia, Laura, Maria Garcia-Benau, and Helena Bollas-Araya. "Empirical Analysis of Non-Financial Reporting by Spanish Companies." Administrative Sciences 8, no. 3 (July 3, 2018): 29. http://dx.doi.org/10.3390/admsci8030029.
Abstract:
Spain is one of the European countries that is the most strongly committed to the presentation of non-financial information. In 2017, Spain adapted its legislation to Directive 2014/95/EU through Royal Decree-Law 18/2017, which required Public Interest Entities (PIEs) to provide information in accordance with the requirements of the European Union (EU) Directive, with respect to financial years from 1 January 2017. Our research is focused on Spanish IBEX-351 listed companies and seeks to identify current trends in non-financial reporting. To our knowledge, the present paper is the first study to examine the impact made in Spain by the legislative changes. Our aim is to analyse the publication of non-financial information by Spanish listed companies whose first reports in this regard were made from early 2018. Specifically, we consider the impact of this information disclosure, determining whether the companies in question restrict themselves to meeting regulatory requirements or whether they go further and voluntarily supply additional information. Our findings show that the level of regulatory compliance produced is associated with the business sector in which the company operates. We also show that the highest rates of disclosure of non-financial information correspond to companies that provide this information in the sustainability report.
35
Malcolmson, Don. "The Patient's Right to Know." Journal of Medical Regulation 101, no. 3 (September 1, 2015): 32–36. http://dx.doi.org/10.30770/2572-1852-101.3.32.
Abstract:
Patient's expectations have changed from being an acceptor of doctors' orders to being an active partner in a therapeutic relationship. In Australia, General Practitioners (GPs) are the “gatekeepers” for specialists' referrals. The Australian Health Practitioner Regulation Agency (AHPRA) maintains an online searchable register of doctors. Details displayed include registration conditions, undertakings and reprimands. Doctors who practice privately in Australia are regarded as carrying on a business covered by consumer protection legislation. Australian Consumer Law (ACL) prohibits false or misleading representations in connection with the supply of goods or services. Under the ACL, a GP's conduct is misleading if representations about the specialist are inaccurate, or the overall impression conveyed is likely to mislead the patient. Many patients lack the time, energy or desire to seek out registration details of specialists, and rely on GP advice. A key issue for GPs is knowledge of any specialists' registration conditions: Is there a duty on a referring practitioner to check and advise the patient of any conditions? Is there a duty on the regulating body to advise practitioners of specialists whose registration is restricted? Even though disclosure may cause distress to the practitioner, this does not mean that disclosure would be unfair. Rather, the relevant question is whether there is a legitimate public safety interest in disclosure. A balance should be struck between the rights of the individual practitioners and the public expectation of safety, competency and currency. This paper suggests that consumer laws could be used strike this balance, requiring referring physicians to inform patients about the regulatory status of the physician to whom they are being referred.
36
Khomichov, I. O. "The compliance of the anti-corruption legislation of Ukraine to the person's right to privacy." Legal horizons, no. 22 (2020): 47–51. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p47.
Abstract:
The article is devoted to the study of the compliance of the rights and obligations of the person authorized to perform the functions of the state or local government to the right to respect for private life, including the submitting and publishing property declaration. The author determines the approaches of national and foreign researchers to the essence of the concept of the right to privacy and concludes that it is a natural right, that includes the right to respect for private and family life, housing and correspondence. The norms of the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 concerning the human right to privacy are revealed. It іs determined that one of the main reasons for the need to introduce in Ukraine the institution of declaring for officials of public authorities is the obligation of Ukraine to comply with the United Nations Convention against Corruption, and found that domestic law is stricter than the Convention. It is concluded that human rights are the priority area of state protection, so the requirements of anti- corruption legislation on disclosure of information about personal and family life of persons, authorized to perform state and local government functions, in the declaration and access of such information is a violation of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Art. 8, 32 of the Constitution of Ukraine. The author affirms that the disclosure of such a volume of information about any person is an indisputable violation of his right to privacy and family life. Key words: the right to privacy; the right to respect for private and family life; a person authorized to perform the functions of the state and local self-government; declaration; prevention of corruption.
37
Gazzola, Patrizia, Roberta Pezzetti, Stefano Amelio, and Daniele Grechi. "Non-Financial Information Disclosure in Italian Public Interest Companies: A Sustainability Reporting Perspective." Sustainability 12, no. 15 (July 28, 2020): 6063. http://dx.doi.org/10.3390/su12156063.
Abstract:
The paper aims at investigating the impact of UN Sustainable Development Goals (SDGs) 2030 on Italian “public interest entities” both in term of approaches to non-financial disclosure and on business strategies. The analysis focuses on the investigation of the relationships between the 17 SDGs and the set of non-financial information defined in bont the EU Directive 2014/95/EU and the related Italian L.D. n. 254 of 30 December 2016. SDGs has been significantly analysed in the literature, considering the effects on sustainability policies adopted by the States, but little attention has been paid to the policies adopted by companies. The awareness of companies towards the business implication connected to the achievemt of these goals translate into a new conscientious path, in compliance with sustainability standards. In this framework, the paper investigates the entire population of Italian companies subject to the publishing of non-financial information disclosure, with the exclusion of banks and insurance companies. For each company under investigation, two kinds of analysis are presented: (1) firstly, the company’s level of sustainability derived from the company website; (2) the approach in pursuing the 17 SDGs. The overall results are quite comforting in term of companies’ sustainability aptitude. Over the years, Italian public interest entities have implemented active policies linked to the achievement of some specific goals, in compliance with the Italian legislation, although divergences still emerge among the Italian areas, as a result of cultural differences that still exist and affect companies’ approaches to sustainability issues. In this regard, the results of the analysis are interesting for government authorities to regulat the pursuit of sustainability goals.
38
Ромашев, Юрий, and YUriy Romashyev. "Limitations of Fundamental Human Rights and Freedoms in International Law and Novations in the Russian Criminal Legislation." Journal of Russian Law 1, no. 11 (October 21, 2013): 75–84. http://dx.doi.org/10.12737/1209.
Abstract:
The author analyses new amendments related to state secrets protection: amendments to Article 275 ‘High Treason’, Article 276 ‘Espionage’, Article 283 ‘Disclosure of a State Secret’, and adopted Article 283.1 ‘Illegal Receipt of Information Constituting a State Secret’ of the Criminal Code of the Russian Federation in respect to their conformity with acceptable restrictions of fundamental human rights and freedoms. Special attention is paid to theoretical and action-oriented aspects of restrictions of fundamental human rights and freedoms. The author investigates relevant provisions of international documents, practice of the European Court of Human Rights, doctrines of leading experts in this sphere. The author notes that the criteria for restricting fundamental human rights and freedoms should be established entirely under the law and be indispensable and applicable in a democratic society, be aimed at the protection of national security and public order. The author draws the conclusion on the urgent character and timeliness of introducing the abovementioned novations into the Russian criminal legislation, and their conformity with generally recognized principles and rules of international law.
39
Revina, I. V., and I. N. Chebotareva. "DISCREDITATION OF THE DEFENDER'S WORK AS A PROTECTIVE VERSION: PROCEDURAL AND ETHICAL ASPECT." Proceedings of the Southwest State University 21, no. 6 (December 28, 2017): 160–72. http://dx.doi.org/10.21869/2223-1560-2017-21-6-160-172.
Abstract:
The problem of creating proper safeguards to ensure attorney-client privilege has always attracted the attention of lawyers, as this Institute is the basis of advocacy. The issues of preservation in secret from third parties information notified to the client in confidence to his attorney are solved first of all at the legislative level. Thus, the Russian legislation on advocacy and the legal profession establishes the legal profession as a fundamental basis for the profession of lawyers and also obliges lawyers to enforce it. Paragraraph 1 of Article 8 of the Federal Law of the Russian Federation "On advocacy in the legal profession in the Russian Federation", as well as p. 5 Article 6 of the Code of Professional Ethics of a lawyer determine the subject of the privilege. As a guarantee of its securing p.2 Article 8 of the Law on Advocacy indicates the impossibility of calling a lawyer and his interrogation as a witness about the circumstances that have become known to him in connection with the provision of legal assistance. In accordance with the legal position of the Constitutional Court of the Russian Federation on this issue, expressed in a number of decisions and definitions, the state is obliged to ensure at the legislative level and in law enforcement, such conditions for the exercise by citizens of the right to qualified legal assistance and for effective implementation by lawyers of activities to provide it, under which the citizen has the opportunity to freely disclose to the lawyer confidential information, and the lawyer in turn - the opportunity to prevent its disclosure. At the same time the requirement of confidentiality is the basis of a trust relationship between a lawyer and a client, covers any range of information provided both directly by the client and obtained independently by a lawyer during the provision of legal assistance and it is not limited in time. In the aspect of the above, the question of the possible limits, subjects and grounds for its disclosure, admissible criteria from the point of view of both legal and moral bases is very acute. The article focuses on the importance and relevance to the practice of law Institute attorney-client privilege, allowed its disclosure in light of changes in the existing criminal-procedural legislation, in particular, during the questioning of counsel, previously provided legal assistance in criminal proceedings with the aim of establishing procedural violations of investigative actions with his participation . The authors carry out a comparative analysis of the rules of legal and ethical regulation of this institution; generalize disciplinary practice of lawyer chambers of the subjects of the Russian Federation; emphasize the procedural contradictions in this aspect. The conclusions and proposals made in the work are aimed at improving the current legislation of the Russian Federation and law enforcement practice and can also be used in the educational process.
40
Smorchkova, Valeriya. "Dissemination of damaging information (defamation) as a type of civil tort: concept definition." Current Issues of the State and Law, no. 15 (2020): 378–82. http://dx.doi.org/10.20310/2587-9340-2020-4-15-376-382.
Abstract:
We consider such category as defamation, which is widespread in many foreign countries. Defamation is the dissemination of damaging information, which, however, is true. This concept has become widespread in the last century, many states have adopted special legislation that mediates relations in this area. For example, the United Kingdom has the “Defamation Act 1996” and Singapore has the “Defamation Ordinance 1960”. We emphasize that in the same 1960s in our country “the system of defamation seemed absolutely unacceptable and contrary to the spirit of society”. In the course of study, comparative legal methods are used to analyze the legislation of states with the Anglo-Saxon and Romano-Germanic legal system. Based on the study of the doctrinal points of view of scientists and the positions of higher courts, the definition of this category is formed from the position of civil tort. The following definition is proposed: “Defamation is a violation of civil legislation, which consists in the dissemination of false information damaging the honor, dignity and business reputation of a person and also the dissemination of truthful personal information, the disclosure of which violates the conservation law are listed in the intangible benefits of the citizens”. We analyze the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 no. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities”. We conclude that the Supreme Court of the Russian Federation borrowed advanced provisions from the judgments of the European Court of Human Rights.
41
Piñero, Verónica B. "Canadian International Human Rights Obligations in the Context of Assisted Human Reproduction." Canadian Yearbook of international Law/Annuaire canadien de droit international 46 (2009): 193–240. http://dx.doi.org/10.1017/s0069005800009577.
Abstract:
SummaryIn Canada, as in most countries, assisted human reproduction has become accessible treatment for individuals who wish to conceive. Scientific advancements in the area of human reproduction have led to the enactment of legislation that attempts to regulate this novel field. The Canadian Assisted Human Reproduction Act (2004) identifies the health and wellbeing of children born through reproductive technologies as a paramount principle in all decisions respecting their use. On the other hand, and surprisingly, the statute restricts access by offspring to information that can lead to identification of their genitors. The disclosure of donors’ identity to the recipients of reproductive materials is quite limited. According to this article, this legislation is in violation of international human rights law on health, identity, and family relations to which Canada is a party. The first part of the article explores international human rights law on identity, health, and family relations rights that Canada has signed, ratified, or acceded to. The second part discusses whether the Canadian legal system is in line with the relevant international human rights obligations identified earlier and asserts that there is scope for judicially interpreting Canadian law in such a way that would conform to those obligations.
42
Oleksii, Mykhaiskyi. "Review of USА legislation in the field of environmental and legal regulation of shale gas production: experience for Ukraine." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 505–13. http://dx.doi.org/10.33663/0869-2491-2020-31-505-513.
Abstract:
Ensuring energy security has always been one of Ukraine's main problems. Now the level of shale gas production in Ukraine allows to cover only half of the country's needs in this type of fuel. According to the Energy Strategy of Ukraine until 2035, one of the priorities of development in the fuel and energy sector is to increase the level of gas production to 30–35 billion m3 of gas per year, including at the expense of non-traditional hydrocarbons, among which shale gas can be allocated. However, it should be noted that Ukraine's modern mining industry does not provide an adequate level of environmental protection. This problem becomes even more acute in the context of the possible production of shale gas, which requires state-of-the-art production technologies and a flexible regulatory system. Today, the United States is the most developed country in shale gas production. It is the United States that has the largest experience of shale gas production among all countries of the world, and its legislation has been shaped by the realities of shale gas production since the 1980s. The article analyzed U.S. legislation in terms of environmental and legal regulation of shale gas production. Consideration has been given to U.S. legislation that regulates the protection of water, air, soil from pollution, as well as waste management legislation and the disclosure of confidential information related to shale gas extraction necessary to protect the environment, as well as human life and health. The US legislative structure is analyzed and it is revealed that federal legislation does not provide the proper level of environmental protection, which is why the environmental and legal regulation of shale gas production occurs mainly at the state level. The main problem of regulating shale gas production at the federal level is the so-called «Halibarton loophole», due to which operations using hydraulic fracturing are removed from the regulation of most federal environmental standards. There is no such norm in Ukrainian legislation, but the Law of Ukraine "On Agreements on Division of Products" is not regulated by the Law of Ukraine "On Oil and Gas," this makes it possible to fix in the agreement on division of products all nuances related to shale gas production. At the same time, this is a significant risk of the occurrence of a case in which the agreement, contrary to Ukrainian legislation, will neglect the interests of the environment. That is why Ukraine needs standards like NAAQS, which also apply to legal relations arising from the signing of a production sharing agreement, which would avoid disregard of Ukrainian legislation when signing a production sharing agreement. The article also addresses the Fracturing Responsibility and Awareness of Chemicals Act and states that it requires an operator using hydraulic fracturing to provide information necessary for medical diagnosis, treatment or emergency response. In doing so, the operator, once such information has been disclosed to the State or health worker, may require a written declaration of the need for disclosure and a confidentiality agreement as soon as possible after it has been determined by the State or medical institution. It is proposed to develop a similar bill and introduce it into Ukrainian legislation.
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Szőke, Gergely László. "The limits of transparency in administrative proceedings - The Hungarian approach." Central and Eastern European eDem and eGov Days 325 (March 1, 2018): 307–16. http://dx.doi.org/10.24989/ocg.v325.26.
Abstract:
For both the functioning of the state and in a broader sense, that of society it is a key question to determine who has access to the public data, for what purposes, to what extent and on what conditions. The questions of disposal of, access to and public disclosure related to the data processed by the state concern several fields of law, and the coherency of the legal provisions is far not obvious. The aim of this study is to discuss a few aspects of this comprehensive issue. Since some of the public data are processed in public administration proceedings, the question of how public disclosure is enforced in the specific administrative proceedings, and more specifically, how compliant the Hungarian regulation of the freedom of information is with the right of inspection regarding concrete cases is examined. Although the research is focusing mainly on the Hungarian legislation, the findings of this essay may be also used in the international discourse.
44
Valevko, A. S. "FEATURES OF THE QUALIFICATION OF UNFAIR COMPETITION EXPRESSED IN THE FORM OF ILLEGAL ACTIONS REGARDING PROTECTED INFORMATION." Vestnik of Polotsk State University. Part D. Economic and legal sciences, no. 5 (June 27, 2021): 100–103. http://dx.doi.org/10.52928/2070-1632-2021-56-5-100-103.
Abstract:
The article deals with the characteristics of one of the forms of unfair competition associated with the illegal receipt, use, disclosure of information prohibited by article 30 оf the law of the Republic of Belarus "On countering monopolistic activities and development of competition". Based on the legal analysis of the legal norms of the antimonopoly legislation and scientific literature, the author reveals the signs and conditions of disorganization of the competitor's activities committed by illegal dissemination of commercial or official secrets. The author analyzes the definition of" information", signs of commercial and official secrets and the legal regimes established in relation to them. The circumstances and elements of the offense are important for the requirements of an administrative offense under Article 13.33 "Unfair Competition" of the Code of the Republic of Belarus on Administrative Offenses, expressed in the form of actions in relation to protected information, are considered.
45
Henry, Nick, and Adam Cunningham. "Accounting and financial reporting considerations for oil and gas companies operating under Australia's proposed Carbon Pollution Reduction Scheme." APPEA Journal 49, no. 2 (2009): 585. http://dx.doi.org/10.1071/aj08058.
Abstract:
The introduction of the Carbon Pollution Reduction Scheme (CPRS) is one of Australia’s most significant economic reforms since the deregulation of the Australian financial markets in the 1980s and will have a significant impact on companies across a number of sectors—in particular those in the oil and gas industry. Given the significant greenhouse gas emission footprint of the oil and gas industry in Australia, for many oil and gas companies the cost of buying carbon pollution permits and/or reducing emissions through targetted abatement programs is likely to be significant. From a strategic perspective, understanding how the proposed CPRS could affect future cash flows will be critically important. Financial markets have already begun to factor the potential cash flow impacts into valuations of companies likely to be directly impacted by the legislation. Public disclosure of the potential impacts of the CPRS is considered both an opportunity and threat for those companies exposed to it. The proposed CPRS will also pose significant governance, compliance and reporting challenges for those companies directly impacted by it. Measurement and reporting of emissions information will need to be subjected to the same level of control and rigour as other financial information. This paper will examine both the immediate and longer term accounting and financial reporting considerations for oil and gas companies as a result of the CPRS, focussing on what companies need to be doing now to be prepared for the introduction of this legislation.
46
Goh, Elaine. "Clear skies or cloudy forecast?" Records Management Journal 24, no. 1 (March 11, 2014): 56–73. http://dx.doi.org/10.1108/rmj-01-2014-0001.
Abstract:
Purpose – Using the example of audiovisual materials, this paper aims to illustrate how records-related and archival legislation lags behind advances in technology. As more audiovisual materials are created on the cloud, questions arise about the applicability of national laws over the control, ownership, and custody of data and records. Design/methodology/approach – This paper analyses court cases relating to audiovisual materials in the cloud and archival legislation from three Commonwealth countries: Canada, Australia, and Singapore – representing North America, the Pacific, and Asia respectively. Findings – Current records-related and archival legislation does not effectively address the creation, processing, and preservation of records and data in a cloud environment. The paper identifies several records-related risks linked to the cloud – risks related to the ownership and custody of data, legal risks due to transborder data flow, and risks due to differing interpretations on the act of copying and ownership of audiovisual materials. Research limitations/implications – The paper identifies the need for records professionals to pay greater attention to the implications of the emerging cloud environment. There is a need for further research on how the concept of extraterritoriality and transborder laws can be applied to develop model laws for the management and preservation of records in the cloud. Originality/value – The paper identifies record-related risks linked to the cloud by analyzing court cases and archival legislation. The paper examines maritime law to find useful principles that the archival field could draw on to mitigate some of these risks.
47
قادر, احمد. "(السرية المصرفية (دراسة مقارنة." Al-Kitab Journal for Human Sciences 2, no. 3 (October 4, 2020): 65–88. http://dx.doi.org/10.32441/kjhs.02.03.p4.
Abstract:
and it is not permissible to disclose these secrets but only in certain cases for the benefit of the credit or in exceptional cases estimated by law. The present study sheds light on the trends of comparative legislation on the protection of bank secrecy between Iraqi and French laws. The Iraqi law regulated the banking secrecy in the articles (52-49) of the Banking Law, and the French legislator regulated banking secrecy in the Article (57). The legislator also regulated in the law of monetary the financial professional secrecy in Article (511-33) and its paragraphs which prohibited the managers of Banks and its employees to reveal the financial information belonging to the clients of the banks. Banks in Iraq and France are subject to the control of the Central Bank and are committed to its regulations especially to reveal and inform about any suspected financial operations or crimes. Banning revealing bank secrecy shall be subject to any information relating to the affairs of the bank or its customers or other banks subject to the supervision of the Central Bank. Finally, the study recommends increasing the penalty for the crime of disclosure of bank secrecy
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Dixon, Olivia. "‘Pretaliatory’ Enforcement Action for Chilling Whistleblowing through Corporate Agreements: Lessons from North America." Federal Law Review 46, no. 3 (September 2018): 427–53. http://dx.doi.org/10.1177/0067205x1804600304.
Abstract:
Studies have shown that potential whistleblowers are reluctant to report misconduct because they fear retaliation. In Australia, fear of retaliation is exacerbated for private-sector employees where the lack of prescriptive legislation aggravates vulnerability in all but exceptional circumstances. Through examining the codes of conduct of Australia's 100 largest listed companies (‘Codes’) this article argues that while Codes have the potential to provide an important regulatory function through facilitating whistleblowing, the breadth of confidentiality undertakings contained therein may instead be chilling potential whistleblowers from speaking up. While companies have legitimate interests in protecting confidential information, it is well-established that employees may disclose their employer's unlawful conduct to the government, even if such disclosure is in violation of the company's confidentiality policy. To affirm this right, in the United States (US), federal regulators have recently taken ‘pretaliatory’ enforcement action against companies for requiring employees to execute confidentiality agreements that stifle the reporting of possible violations of federal laws. Such regulation by enforcement has successfully effected cultural change through facilitating widespread amendments to US corporate confidentiality agreements. Accordingly, this article argues that any future Australian legislation should include an ‘anti-confidentiality provision’ similar to the US and Canadian frameworks to affirm an employee's right to communicate with a regulator directly, despite any purported agreement or corporate policy to the contrary.
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Christ, Katherine Leanne, Kathyayini Kathy Rao, and Roger Leonard Burritt. "Accounting for modern slavery: an analysis of Australian listed company disclosures." Accounting, Auditing & Accountability Journal 32, no. 3 (March 18, 2019): 836–65. http://dx.doi.org/10.1108/aaaj-11-2017-3242.
Abstract:
Purpose Given the impending introduction of legislation requiring large Australian listed companies to make supply chain disclosures about modern slavery, the paper aims to reveal current voluntary practice. The purpose of this paper is to provide a benchmark for assessing the current engagement of large companies with modern slavery in Australia. Design/methodology/approach Institutional theory provides the foundation for assessing current voluntary practice in relation to modern slavery disclosures by large Australian listed companies. Content analysis is used to identify quantity and quality of modern slavery disclosures of the top 100 companies listed on the Australian Stock Exchange. The contents of annual and standalone reports available on websites, as well as other online disclosures, are examined using terms associated with modern slavery identified from the literature. Findings Evidence gathered about modern slavery disclosures by ASX 100 companies shows information in annual and standalone reports reveal far less than other disclosures on company websites. Overall, the volume and quality of disclosures are low and, where made, narrative. A wide range of themes on modern slavery are disclosed with bribery and corruption and human rights issues dominant. Although currently in line with institutional theory, as there appear to be mimetic processes encouraging disclosure, results support the idea that legislation is needed to encourage further engagement. Research limitations/implications The paper provides a baseline of understanding about the volume and quality of modern slavery disclosures as a foundation for future research into the practices of Australian companies prior to the signalled introduction of legislation mandating reporting. It also identifies potential lines of research. The sample only examines large Australian listed companies which restricts generalisation from the results. Originality/value This is the first academic research paper to examine quantity and quality of modern slavery disclosures of large Australian companies. Results add support for the introduction of legislation by government.
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Mion, Giorgio, and Cristian R. Loza Adaui. "Mandatory Nonfinancial Disclosure and Its Consequences on the Sustainability Reporting Quality of Italian and German Companies." Sustainability 11, no. 17 (August 24, 2019): 4612. http://dx.doi.org/10.3390/su11174612.
Abstract:
Companies disclosing nonfinancial information through sustainability reporting practices provide markets with data on their social, environmental, and governance performance. The quality of sustainability reporting is much discussed in the literature because this quality affects factors such as the credibility of accountability and building stakeholders’ trust in the company. Nonetheless, the concept of quality is multidimensional, and empirical evidence relating to the quality of sustainability reporting presents different findings. Regulations on mandatory nonfinancial disclosure (NFD) open new perspectives for research on sustainability reporting quality (SRQ). This study explored the effect of introducing mandatory NFD on SRQ by focusing on the effects of new legislation (Directive 2014/95/EU) introduced in Italy and Germany. The analysis was conducted through qualitative content analysis of the sustainability reporting practices of Italian and German companies in the top lists of stock exchanges. Sustainability reporting practices of one year before (2016) and one year after (2017) the implementation of Directive 2014/95/EU were compared. The results of 132 observations demonstrated that the quality of sustainability reporting increased after implementation of the law on mandatory NFD. Further, the effect of the law seemed to reduce the differences in SRQ of the two countries before the introduction of mandatory NFD. The results suggested that obligatoriness of NFD affects SRQ together with other relevant determinants focused on by previous research (e.g., company size and industry type).