Relevant bibliographies by topics / Privacy, Right of

Academic literature on the topic 'Privacy, Right of'

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Published: 4 June 2021
Last updated: 31 July 2024

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Journal articles on the topic "Privacy, Right of"

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Tubić, Bojan, and Aleksandra Toroman. "Derogations of Article 8 of the European Convention for the protection of human rights and fundamental freedoms during a state of emergency." Zbornik radova Pravnog fakulteta, Novi Sad 57, no. 2 (2023): 415–41. http://dx.doi.org/10.5937/zrpfns57-45043.

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The right to privacy is one of the fundamental human rights, as it encompasses a wide range of relationships related to the private life of the individual. Starting with the right to family life and the right to private life, many institutions that seem very important nowadays, such as data protection, find their place and are part of the right to privacy. Nevertheless, the right to privacy is one of the relative rights protected by the European Convention, which means that it can be derogated in specific cases and under certain conditions. The purpose of this article is to examine the conditions set out in the European Convention for the derogation of right to privacy and to analyse the practice of the European Court of Human Rights. This Court has, in its jurisprudence, restrictively derogated the right to privacy, with fulfilling three conditions: prescription by law, necessary in a democratic society and achieving certain legitimate aim. One of the examples of the possibility of its restriction is the epidemic of the Covid-19 virus. Considering that numerous countries around the world have restricted the right to privacy, the question is whether and to what extent the restriction was in accordance with prescribed conditions for derogation of this right.
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Shuraleva, S. V. "THE RIGHT TO PRIVACY IN LABOR RELATIONS: THEORETICAL PROBLEMS OF LEGAL REGULATION." Вестник Пермского университета. Юридические науки, no. 57 (2022): 527–51. http://dx.doi.org/10.17072/1995-4190-2022-57-527-551.

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Introduction: the article is devoted to research on the right to privacy in labor relations. Purpose: to analyze the current regulation of the right to privacy in Russian labor law, to explore the approaches that have developed in the practice of the European Court of Human Rights (hereinafter – ECtHR) and in the doctrine, to propose directions for improving labor legislation in terms of the right to privacy. Methods: general, general scientific methods; special scientific methods (system-structural, formal-legal, comparative-legal).Results: the right to privacy (to respect for private and family life, home, and correspondence) is generally recognized and is contained both in international acts and in regional (interregional, subregional) conventions and declarations. In the absence of definitions of private life and privacy in international documents and Russian legislation, of particular importance is how these concepts are interpreted by national and international courts. In contrast to the definitions of private life and privacy given by the Constitutional Court of the Russian Federation, the ECtHR considers professional activity to be part of private life since it allows people to build communication with the outside world. Analysis of the ECtHR decisions on the complaints of employees about the violation of Article 8 of the European Convention on Human Rights reveals the most typical violations of the right to respect for private and family life in the workplace in the practice of the ECtHR, and also indicates the increasing urgency of this issue. Despite Russia's withdrawal from the Council of Europe, it is advisable to take into account the legal positions of the ECtHR, along with its legal doctrine, when preparing proposals for amending and supplementing labor legislation. Noting the insufficiency of the current labor law regulation with regard to privacy, the paper explores the theoretical aspects of personal non-property labor rights and the right to privacy in labor relations, outlines the possible directions for improving labor legislation. Conclusions: the author notes development of the employee’s right to privacy, supplemented with the right to disconnect; it is expedient to include the right to privacy in the list of basic rights of employees in the Labor Code of the Russian Federation, while establishing the corresponding obligation of the employer. Since the right to privacy is realized not only in labor relations but also in some other, directly related, legal relations, it is proposed, taking into account the terminology of the Labor Code of the Russian Federation, to supplement the list of basic principles provided in Article 2 of the Labor Code with the principle of ensuring privacy in labor and other directly associated relations.
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Peters, Najarian. "The Right to Be and Become: Black Home-Educators as Child Privacy Protectors." Michigan Journal of Race & Law, no. 25.1 (2020): 21. http://dx.doi.org/10.36643/mjrl.25.1.right.

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The right to privacy is one of the most fundamental rights in American jurisprudence. In 1890, Samuel D. Warren and Louis D. Brandeis conceptualized the right to privacy as the right to be let alone and inspired privacy jurisprudence that tracked their initial description. Warren and Brandeis conceptualized further that this right was not exclusively meant to protect one’s body or physical property. Privacy rights were protective of “the products and the processes of the mind” and the “inviolate personality.” Privacy was further understood to protect the ability to “live one’s life as one chooses, free from assault, intrusion or invasion except as can be justified by the clear needs of community living under a government of law.” Case law supported and extended their theorization by recognizing that privacy is essentially bound up in an individual’s ability to live a self-authored and self-curated life without unnecessary intrusions and distractions. Hence, privacy may be viewed as the right of individuals to be and become themselves. This right is well-established; however, scholars have vastly undertheorized the right to privacy as it intersects with racial discrimination and childhood. Specifically, the ways in which racial discrimination strips Black people—and therefore Black children—of privacy rights and protections, and the ways in which Black people reclaim and reshape those rights and protections remain a dynamic and fertile space, ripe for exploration yet unacknowledged by privacy law scholars. The most vulnerable members of the Black population, children, rely on their parents to protect their rights until they are capable of doing so themselves. Still, the American education system exposes Black children to racial discrimination that results in life-long injuries ranging from the psychological harms of daily racial micro-aggressions and assaults, to disproportionate exclusionary discipline and juvenile incarceration. One response to these ongoing and often traumatic incursions is a growing number of Black parents have decided to remove their children from traditional school settings. Instead, these parents provide their children with home-education in order to protect their children’s right to be and become in childhood.
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Weinreb, Lloyd L. "The Right to Privacy." Social Philosophy and Policy 17, no. 2 (2000): 25–44. http://dx.doi.org/10.1017/s0265052500002090.

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The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right.
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Rengel, Alexandra. "Privacy as an International Human Right and the Right to Obscurity in Cyberspace." Groningen Journal of International Law 2, no. 2 (December 5, 2014): 33. http://dx.doi.org/10.21827/5a86a81e79532.

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Fundamental rights are considered to be those which human beings have by the fact of being human and are neither created nor can be abrogated by any government absent extraordinary circumstances. They are fundamental in that the enjoyment of such rights is necessary to live a life with dignity. Fundamental rights are recognized by several international conventions and treaties such as the International Convention on Civil and Political Rights, and the International Convention on Economic and Social Rights and they include cultural, economic, and political rights, such as the right to life, the right to liberty, the right of association, and the right to freedom of religion. Privacy is an essential human need. Although the concept of privacy has a certain abstract quality to it that makes it difficult to define, instinctively, humans need to know that they can keep some things secret from others. Absent extraordinary circumstances the need for humans to have a certain degree of privacy is innate. Perhaps as a result of that intrinsic need, privacy as a concept has been recognized in a social as well as a legal sense in most cultures from time immemorial. Today, the right to privacy is considered to be an identifiable human right with universal qualities deserving legal recognition and protection, although the scope of such legal protection is still being determined. In reviewing the concept of privacy, new technologies often make us wonder what level of protection of our right to privacy is possible in a world where personal information about us can be accessed not by infringing our physical space, but by invisible hands that can access our most private secrets just by pressing a button and looking at a screen. New technologies in the form of the Internet, social networks, remote access to information, etc., make it increasingly more difficult to maintain privacy rights in cyberspace such that online invisibility has become impossible. The quest for invisibility is the idea that individuals should be able to choose to remain invisible online. In order for that scenario to become a reality more emphasis needs to be made on the universal recognition of privacy principles in the context of cyberspace. Additionally, design based privacy solutions must be created to protect individuals’ privacy in cyberspace.
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Wang, Yanbing. "Privacy Protection of Public Figures in China—The Case of Yundi Li’s Prostitution." Studies in Law and Justice 2, no. 2 (June 2023): 109–17. http://dx.doi.org/10.56397/slj.2023.06.15.

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Since the birth of the right to privacy, more and more attention has been paid to the protection of the right to privacy. In China, since the introduction of privacy rights from the West, the protection of privacy rights has been focused on civil law, while the protection of privacy rights in legislation and judicial practice in other branches of law has only been superficial but not in-depth. The effect of civil law on the protection of privacy rights is undeniable, especially after the introduction of the Civil Code, which provides more thorough and complete regulations on privacy rights in the field of civil law. However, with the development of society, relying on civil law alone to protect the right to privacy has become a challenge. The protection of the right to privacy of public figures is even more lacking. For example, the case of Li Yundi’s prostitution, which was publicly reported by the Beijing Chaoyang Public Security Bureau on 21 October 2021, reveals the loopholes in the protection of privacy and the privacy of public figures in China. Firstly, civil law in China has been effective in protecting the right to privacy, but in this case, the right of public security to disclose Li Yundi’s private life involves the infringement of citizens’ privacy by public power. Secondly, in China, public figures are often involved in the public interest, and it is the consensus of the academia and society as a whole that anyone in conflict with the public interest should give way to the public interest. However, in judicial practice, the author believes that it is unfair to treat public figures and ordinary citizens differently in terms of privacy rights when the public interest is not seriously endangered. Therefore, this article aims to analyse the current status and shortcomings of the legislation and judicial practice on the protection of the privacy of public figures in China on the basis of the right to privacy and the privacy of public figures, and to draw on the advanced experience of other countries in order to establish and improve the privacy protection mechanism of public figures in China.
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Anderson, Scott A. "Privacy Without the Right to Privacy." Monist 91, no. 1 (2008): 81–107. http://dx.doi.org/10.5840/monist200891114.

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CREIGHTON, HELEN. "Right of Privacy." Nursing Management (Springhouse) 16, no. 3 (March 1985): 15???17. http://dx.doi.org/10.1097/00006247-198503000-00003.

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Serwin, Andrew. "Privacy 3.0-The Principle of Proportionality." University of Michigan Journal of Law Reform, no. 42.4 (2009): 869. http://dx.doi.org/10.36646/mjlr.42.4.privacy.

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Individual concern over privacy has existed as long as humans have said or done things they do not wish others to know about. In their groundbreaking law review article The Right to Privacy, Warren and Brandeis posited that the common law should protect an individual's right to privacy under a right formulated as the right to be let alone-Privacy 1.0. As technology advanced and societal values also changed, a belief surfaced that the Warren and Brandeis formulation did not provide sufficient structure for the development of privacy laws. As such, a second theoretical construct of privacy, Privacy 2.0 as expressed in Dean Prosser's work Privacy was created. Dean Prosser continued (or expanded) upon the concepts formulated by Warren and Brandeis, particularly in emphasizing the role of common law in protecting privacy. These works, while influential in their time, do not account for paradigm shifts in technology, or, perhaps more importantly, changes in how people live their lives. The unending advance of technology and changes in societal norms fundamentally dictate that privacy theory must change over time, or it will lose its relevance. Indeed, in today ' Web 2.0 world where many people instantly share very private aspects of their lives, one can hardly imagine a privacy concept more foreign than the right to be let alone. The question confronting modern-day privacy scholars is this: Can a common law based theory adequately address the shifting societal norms and rapid technological changes of today's Web 2.0 world where legislatures and government agencies, not courts, are more proactive on privacy protections? This Article argues that the answer is no and instead argues that the overarching principle of privacy of today should not be the right to be let alone, but rather the principle of proportionality. This is Privacy 3. 0.
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Fareed Majeed, Majeed Mohamed. "Privacy Types." Randwick International of Education and Linguistics Science Journal 2, no. 1 (March 30, 2021): 52–58. http://dx.doi.org/10.47175/rielsj.v2i1.199.

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The right to privacy is one of the most problematic rights. In the absence of any consensus on a clear theoretical basis for the concept of privacy; there is hardly a link, reliable, between the various issues and topics, which are included under this right. Privacy claims are used to defend rights that seem quite divergent, such as the right not to be monitored by phone calls, and the right to know what a telecom company keeps of personal data for its customers. The absence of a clear theoretical basis for the right to privacy is exacerbated by the fact that it is exposed to multiple dangers in the era of the massive expansion of the use of the Internet and the development of its applications. The actuality of material, described in the article, conditioned the urgent necessities of society simply to settle a question about privacy types and their appliance in the society. Theoretical and legal conversations about the relationship between taws and privacy were investigated in the article. This paper makes a contribution to a forward-looking privacy framework by examining the privacy impacts of six new and emerging technologies. It examines the privacy issues that each of these technologies present and contends that there are seven distinct sorts of privacy. This contextual investigation data propose that a loose conceptualization of privacy might be important to keep up a smoothness that empowers new measurements of privacy to be identified, that will be understood and addressed so as to adequately react to quick technological evolution.
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Dissertations / Theses on the topic "Privacy, Right of"

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Tao, Ran. "The Right to Privacy." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/scripps_theses/1338.

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Contemporary debates about the right to privacy were inaugurated by Samuel Warren and Louis Brandeis’ article on the topic. While Warren and Brandeis understand the right to privacy as a stand-alone right, J. J. Thomson interprets it as a cluster of rights that itself intersects with other rights. Despite such disagreement, both accounts point to a deep connection between property rights and one’s right to herself. A close examination of the Lockean and Kantian concepts of property confirms this. In particular, Arthur Ripstein’s Kantian account of innate right and property rights suggests that property rights are derived from the innate right one has in herself. Building on this account, I suggest that one’s innate right and property rights grant one the exclusive control to herself and to her property. Such exclusive control can be conceptualized as the basis for one’s privileged space, any unauthorized access to which and any unauthorized use of what lies within which constitute violation of one’s right to privacy.
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Wolfson, Susan Ann. "The right to privacy and education." Thesis, University College London (University of London), 1989. http://discovery.ucl.ac.uk/10019704/.

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Lander, Angelina M. "Privacy, surveillance and the state a comparison of U.S. and British privacy rights /." Orlando, Fla. : University of Central Florida, 2009. http://purl.fcla.edu/fcla/etd/CFE0002772.

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Al-Rawashdeh, Sami H. "Is privacy brought home? : criminal justice and the right to privacy." Thesis, University of Aberdeen, 2003. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU176274.

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This thesis is concerned with protection of the right to privacy in the English and Scottish criminal justice systems. The aim of this research is to consider the extent to which privacy has been recognised in both criminal justice systems. It analyses the extent to which the right to privacy is protected by the substantive criminal law of those jurisdictions, as well as in their criminal procedural law. A part of the examination will address the question of whether there should be a criminal offence of violating the privacy of another. The thesis is mainly devoted to addressing whether the right to respect for private life has a place within criminal justice theory and practice. The protection of privacy in the criminal justice system is the predominant subject of this thesis for two main reasons. First, this is an important topic that has been neglected. Prior to this thesis no one had yet addressed this topic at any length as a distinct subject. The protection of privacy in the criminal justice system and the use of substantive criminal law to enforce the privacy rights of victims have received minimal attention in the English jurisprudence. No comprehensive legal and theoretical analysis of the topic could be found in English or Scottish law. Therefore, this topic was crying out for new insights and perspectives. Secondly, the Human Rights Act 1998 incorporates into the UK law certain rights and freedoms set out in the European Convention on Human Rights, including the right to respect for private life enshrined by Article 8. The aim of the Act is to "bring rights home" and give further effect to rights and freedoms guaranteed under the European Convention. The Act requires all public authorities to act in a way which is compatible with the Convention rights. Since the incorporation of the European Convention on Human Rights into United Kingdom law, it is particularly appropriate to ask whether English and Scottish criminal lawyers need to add privacy to their essential lexicon. The Human Rights Act 1998 could be expected to have a profound impact on the right to privacy within the criminal justice system. The European Convention obliges the Contracting States to bring their criminal justice systems into line with the European Convention requirements to protect the fundamental human rights in it. The thesis has the following objectives. First, to address the extent to which the right to privacy is protected by the substantive criminal law and whether privacy rights have been respected in criminal procedure laws. Secondly, to highlight the impact of the Human Rights Act of 1998 on the right to privacy in the criminal justice arena. This thesis shows that although right to privacy has been recognised by the European Convention and incorporated by the Human Rights Act 1998, the criminal justice systems in England and Scotland display little respect for privacy rights. In other words, this study has demonstrated that, as far as privacy is concerned, it is misleading and inaccurate to say that rights have been brought home.
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Gibb, Susan Jennifer. "Privacy and Australian law." Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phg4372.pdf.

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Theis, Adriane. "Liberal privacy and women a broken promise /." Diss., Connect to the thesis, 2006. http://hdl.handle.net/10066/726.

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Mitroff, Melanie. "Privacy : a constitutional right that threatens democracy /." Lynchburg, VA : Liberty University, 2007. http://digitalcommons.liberty.edu.

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jajodia(Mozika), Jyoti. "Emerging right to privacy : an Indian perspective." Thesis, University of North Bengal, 2002. http://ir.nbu.ac.in/handle/123456789/309.

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Crounse, Shane. "The fair information principles : a comparison of U.S. and Canadian privacy policy as applied to the private sector /." Online version of thesis, 2009. http://hdl.handle.net/1850/8638.

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Heite, Martin. "Privacy, Constitutions and the Law of Torts: a Comparative and Theoretical Analysis of Protecting Personal Information Against Dissemination in New Zealand, the UK and the USA." University of Canterbury. Law, 2008. http://hdl.handle.net/10092/2955.

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The New Zealand Court of Appeal has recently acknowledged the existence of a freestanding tort of invasion of privacy in Hosking v Runting. The tort is in its infancy and the courts are still grappling with essential problems, the most prominent of which is the conflict with countervailing interests in freedom of speech. In need of guidance, the courts turn to overseas authorities, predominantly from the United Kingdom and the United States of America. The commonly found descriptive nature of the comparison invites a broader analysis of these jurisdictions. In this thesis, I offer a theoretically informed comparative law analysis of New Zealand's new tort with the American public disclosure of private facts tort and the British extended breach of confidence action. In all three jurisdictions, the conflict of privacy with individual and societal concerns in freedom of speech has led to an exten-sion of (quasi-) constitutional norms derived, for instance, from the New Zealand Bill of Rights Act 1990 into the common law sphere – the horizontal effect. The horizontal application of constitutional rights poses significant legal problems to the common law, because it has learned to deal with duties rather than rights. The time has come to re-consider the nature of rights in both constitutional and tort law. The comparison shows that New Zealand has effectively adopted two torts – one following the duty-based lead of the United States of America and an alternative modelled along the lines of the more rights-orientated British law. The law of the United Kingdom and the USA differ to a degree that calls their comparability into question. I present the preferable British ap-proach as a 'constitutionalised common law tort of privacy.' The results also show that this model represents a competitive third way to traditional solutions based on common law or statute by means of utilising a statutory human rights instrument as an analytical framework for the common law.
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Books on the topic "Privacy, Right of"

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Raymond, Wacks, ed. Privacy. New York, NY: New York University Press, 1993.

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Rodriguez, Kenneth. Privacy. Calabasas, CA: Center for Civic Education, 2001.

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Rodriguez, Kenneth. Privacy. Calabasas, CA: Center for Civic Education, 2001.

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Rodriguez, Kenneth. Privacy. Calabasas, CA: Center for Civic Education, 2001.

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1947-, Peacock Molly, ed. The private I: Privacy in a public world. Saint Paul, Minn: Graywolf Press, 2001.

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Agostino, Clemente, ed. Privacy. Padova: CEDAM, 1999.

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Alderman, Ellen. The right to privacy. New York: Vintage Books, 1997.

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Hoobler, Dorothy. Your right to privacy. Edited by Hoobler Thomas and Morris Richard Brandon 1904-. New York: F. Watts, 1986.

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Alderman, Ellen. The right to privacy. New York: Vintage Books, 1997.

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Marshall, Patrick G. Your Right to Privacy. 2455 Teller Road, Thousand Oaks California 91320 United States: CQ Press, 1989. http://dx.doi.org/10.4135/cqresrre1989012000.

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Book chapters on the topic "Privacy, Right of"

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Harkiolakis, Nicholas. "Right to Privacy." In Encyclopedia of Corporate Social Responsibility, 2082–87. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-28036-8_453.

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Moore, Roy L., Michael D. Murray, and Kyu Ho Youm. "Right of Privacy." In Media Law and Ethics, 180–227. 6th ed. New York: Routledge, 2021. http://dx.doi.org/10.4324/9781003166870-5.

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Moore, Roy L., Michael D. Murray, J. Michael Farrell, and Kyu Ho Youm. "Right of Privacy." In Media Law and Ethics, 402–50. 5th edition. | New York : Routledge, [2018] |: Routledge, 2017. http://dx.doi.org/10.4324/9781315270746-11.

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Macleod, Alistair M. "Privacy: Concept, Value, Right?" In Core Concepts and Contemporary Issues in Privacy, 31–45. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-74639-5_3.

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Penney, Jonathon. "The right to privacy." In Human Rights, Digital Society and the Law, 44–57. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781351025386-4.

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Ahmad, Ahmad Atif. "The Right to Privacy." In Islam, Modernity, Violence, and Everyday Life, 169–82. New York: Palgrave Macmillan US, 2009. http://dx.doi.org/10.1057/9780230619562_8.

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Hill, B. Jessie. "Right to Decisional Privacy." In Laws of Medicine, 471–78. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-08162-0_31.

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Stefkovich, Jacqueline A., and William C. Frick. "The Right to Privacy." In Best Interests of the Student, 152–70. 3rd ed. 3rd edition. | New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9780367816032-11.

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Sheaff, Mike. "A Right to Privacy and a Right to Know." In Secrecy, Privacy and Accountability, 33–59. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-11686-6_3.

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Tamò-Larrieux, Aurelia, Zaira Zihlmann, Kimberly Garcia, and Simon Mayer. "The Right to Customization: Conceptualizing the Right to Repair for Informational Privacy." In Privacy Technologies and Policy, 3–22. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-76663-4_1.

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Conference papers on the topic "Privacy, Right of"

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Rezer, Tatiana. "Privacy Right as A Personal Value in an Information Society." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-76.

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The relevance of the topic is that the continuous and rapid increase in the role and volume of information in human life leads to the need to develop ways of protecting private information as a subject of personal property and personal value. Privacy is a natural human right and is enshrined in the European Convention on the Protection of Human Rights and Basic Freedoms, as well as in the Constitution of the Russian Federation. The regulation of the right to privacy is enshrined in the Russian Civil and Criminal Codes, which provide for legal liability for violations of this right. However, with regulations in place, the human element remains and often leads to leaks of private information, which destroys the personal value of the right. The article examines the concept of the right to privacy, its importance in the information society and human life, and the ways in which it can be protected. The aim of the study is to identify ways of protecting and complementing the right to privacy in the information society. The comparative legal analysis method allowed us to identify the mechanisms for the legal protection of the right to privacy. The case-analysis method enabled us to analyse Yandex’s data breach situation, while the content analysis method allowed us to make recommendations for protecting personal data. Main conclusions: the right to privacy as a personal value in the information society has not been sufficiently addressed in the scientific literature; self-protection as well as raising human legal awareness of information technology can be used as mechanisms to protect privacy.
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Popovych, T. P. "THE RIGHT TO PRIVACY." In RESEARCH AND DEVELOPMENTS IN SOCIAL SCIENCES. Izdevnieciba “Baltija Publishing”, 2023. http://dx.doi.org/10.30525/978-9934-26-376-7-7.

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Chesnokova, Lesya. "Privacy & Secrecy: The Right to Control of Personal Information." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-06.

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The article considers the right for privacy and secrecy as an opportunity to have a life sphere hidden from the government, society and other individuals. The study is based on a holistic approach including logical, hermeneutical and comparative methods. The historical process of the origin of publicness triggered the development of legal guarantees, personal freedom, and political involvement. This was accompanied by the occurrence of the sphere of privacy where an actor is protected from state and public interventions. Whereas the public sphere is associated with openness, transparency, total accessibility, the private sphere is connoted with darkness, opacity, and closedness. The need for privacy and secrecy is determined by the human vulnerability. One of the critical components of privacy is the right of an individual for control his personal information. To protect one’s own private sphere, one puts on a social mask when speaking in public. In an intimate relationship, unlike in a public one, he voluntarily waives protection by allowing those closest to him access to personal information. The restricted private sphere is sometimes a source of apprehension and a desire to penetrate other people’s secrets, both from the totalitarian state, which seeks to suppress and unify the individual, and from curious members of society. For the purpose of retaining the social world, a person in the course of socialisation learns to respect other’s privacy, behaving discreetly and tactfully. The right for privacy and secrecy is related with freedom, dignity, and the autonomy of personality.
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Vilić, Vida, and Ivan Radenković. "The Right to Privacy, Informational Privacy and the Right to Information in the Cyberspace." In Sinteza 2017. Belgrade, Serbia: Singidunum University, 2017. http://dx.doi.org/10.15308/sinteza-2017-74-78.

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Zhidro, Anxhelina, Arbesa Kurti, and Klodjan Skënderaj. "The right to privacy in Albania and the report with other rights." In University for Business and Technology International Conference. Pristina, Kosovo: University for Business and Technology, 2018. http://dx.doi.org/10.33107/ubt-ic.2018.272.

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Bernardes, Marciele Berger, Francisco Pacheco de Andrade, and Paulo Novais. "Smart Cities, data and right to privacy." In ICEGOV '18: 11th International Conference on Theory and Practice of Electronic Governance. New York, NY, USA: ACM, 2018. http://dx.doi.org/10.1145/3209415.3209451.

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Liholaja, Valentija. "Personas mājokļa neaizskaramības krimināltiesiskā aizsardzība." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.20.

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Article 96 of the Constitution of the Republic of Latvia declares the right of everyone to the inviolability of the home which is one of the aspects of the concept of private life. Given that the right to privacy and housing is, in substance, both a prohibition of the state from interfering in private life and an obligation of the state to ensure adequate protection of a person’s privacy from undue interference, the publication aims to look at how this fundamental human right is protected by criminal law, to achieve this goal by analysing the relevant criminal law framework and its application practices.
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Krug, Lindsey. "Corpus Comunis: precedent, privacy, and the United States Supreme Court, in seven architectural case studies." In 111th ACSA Annual Meeting Proceedings. ACSA Press, 2023. http://dx.doi.org/10.35483/acsa.am.111.57.

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Following World War II, as America grappled with the cultural revolution of the 1950s and 60s and defining its identity domestically and on the world stage, a core tenet of American life bubbled to the surface of political, social, and aesthetic discourse: privacy. Once the revelry of the Allies’ win in the World War cooled into the precarity of the Cold War, American democracy and the culture it afforded its citizens were positioned and advertised, first and foremost, in opposition to the totalitarian government and culture of the Soviet Union. In her book Pursuing Privacy in Cold War America (2002), American literature scholar Deborah Nelson attributes the eulogizing of privacy that emerged in Cold War America to heightened national security discourse and the accompanying fear of the Eastern Bloc.1 The trajectory of American life would be forever shaped by this discourse, and nowhere is its lasting influence more evident than in two layers of American infrastructure: law and the built environment. Conceptually, privacy presents a straightforward notion, so much so that it’s often defined and understood in a binary condition: that which is not public. However, the public versus private dichotomy quickly dissolves when presented in legal and architectural contexts. Perhaps surprisingly, the word privacy does not appear in the United States Constitution and, thus, has not always been a guar-anteed, fundamental right. Privacy was first acknowledged as a right bestowed in America’s founding documents in the U.S. Supreme Court (SCOTUS) case of Griswold v. Connecticut (1965). This case granted married couples the right to use contraception on the grounds that this was within the confines of their private lives and not to be meddled with by the government. Justice William Douglas wrote for the Court’s majority: “Specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy.”2 Exceedingly spatial in this description, these shadowy zones of implied privacy rights can be located in the First, Third, Fourth, Ninth, or Fourteenth Amendments, or some combination therein, depending on constitutional interpretation. In the discipline of architecture, where we construct and delineate private and public spaces, it’s worth mapping the evolution of legal privacy with the evolution of private space. Where do these zones of privacy exist spatially, and how are they occupied? How can we begin to characterize the role of architecture, past and present, as good or bad, antagonistic or protective, and as an active player in this discourse? Using digital modeling and imaging tools, Corpus Comunis assembles and excavates material from a lineage of seven Supreme Court cases from 1965 to 2022 to establish a cohesive visual language through which we can speculate on how law and architecture together have, and may continue to, define the extents of our private, interior lives.
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Mateeva, Zhivka. "ESSENCE OF THE RIGHT TO PROTECTION OF PERSONAL DATA." In PROTECTION OF THE PERSONAL DATA AND THE DIGITALIZATION 2021. University publishing house "Science and Economics", University of Economics - Varna, 2021. http://dx.doi.org/10.36997/ppdd2021.96.

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In the age of the information society, the possibilities for problems of personal data protection related to the danger and threat of adverse consequences for the individual are extremely high. Violation of the right of the individual in connection with the disclosure of personal data is an encroachment on privacy. This paper examines the nature of the right to the protection of personal data, which is an integral part of the right to privacy. On the basis of the analysis of the right to protection of personal data, its essential features, characteristic for the basic human rights, are derived. On this basis, the role of the right to personal data protection is outlined, finding application in various spheres of modern life.
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Belyaeva, E. V. "RIGHTS AND OBLIGATIONS OF THE PATIENT DURING THE COVID-19 PANDEMIC." In SAKHAROV READINGS 2021: ENVIRONMENTAL PROBLEMS OF THE XXI CENTURY. International Sakharov Environmental Institute, 2021. http://dx.doi.org/10.46646/sakh-2021-1-58-61.

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The COVID-19 pandemic is not only a medical, but also a moral problem that actualizes the understanding of the rights and obligations of the patient. The patient’s rights were subjected to various threats: priority was given to protecting the interests of the public; severe restrictions were imposed without regard to people’s medical and cultural beliefs; the right to information has encountered manipulation of statistics; the risk / benefit ratio could not be reliably determined; the importance of confidentiality and privacy has diminished; the elderly were discriminated against in sorting patients; it was not always possible to realize the right of the dying person to humane treatment and to a dignified death; the patient’s private rights have receded in comparison with the right to life. The pandemic has highlighted the importance of the patient’s responsibilities, prescribing to take care of his own and collective health, to provide assistance to medical workers.
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Reports on the topic "Privacy, Right of"

1

Vincent, Charles, Madjid Tavana, and Tatiana Gherman. The Right To Be Forgotten – Is Privacy Sold Out in the Big Data Age? CENTRUM Catolica Graduate Business School, February 2014. http://dx.doi.org/10.7835/ccwp-2014-02-0006.

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Cachalia, Firoz, and Jonathan Klaaren. Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa: Towards a public law perspective on constitutional privacy in the era of digitalisation. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/04.

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In this working paper, our focus is on the constitutional debates and case law regarding the right to privacy, adopting a method that is largely theoretical. In an accompanying separate working paper, A South African Public Law Perspective on Digitalisation in the Health Sector, we employ the analysis developed here and focus on the specific case of digital technologies in the health sector. The topic and task of these papers lie at the confluence of many areas of contemporary society. To demonstrate and apply the argument of this paper, it would be possible and valuable to extend its analysis into any of numerous spheres of social life, from energy to education to policing to child care. In our accompanying separate paper, we focus on only one policy domain – the health sector. Our aim is to demonstrate our argument about the significance of a public law perspective on the constitutional right to privacy in the age of digitalisation, and attend to several issues raised by digitalisation’s impact in the health sector. For the most part, we focus on technologies that have health benefits and privacy costs, but we also recognise that certain technologies have health costs and privacy benefits. We also briefly outline the recent establishment (and subsequent events) in South Africa of a contact tracing database responding to the COVID-19 pandemic – the COVID-19 Tracing Database – a development at the interface of the law enforcement and health sectors. Our main point in this accompanying paper is to demonstrate the value that a constitutional right to privacy can bring to the regulation of digital technologies in a variety of legal frameworks and technological settings – from public to private, and from the law of the constitution to the ‘law’ of computer coding.
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Eastman, Brittany. Legal Issues Facing Automated Vehicles, Facial Recognition, and Privacy Rights. SAE International, July 2022. http://dx.doi.org/10.4271/epr2022016.

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Facial recognition software (FRS) is a form of biometric security that detects a face, analyzes it, converts it to data, and then matches it with images in a database. This technology is currently being used in vehicles for safety and convenience features, such as detecting driver fatigue, ensuring ride share drivers are wearing a face covering, or unlocking the vehicle. Public transportation hubs can also use FRS to identify missing persons, intercept domestic terrorism, deter theft, and achieve other security initiatives. However, biometric data is sensitive and there are numerous remaining questions about how to implement and regulate FRS in a way that maximizes its safety and security potential while simultaneously ensuring individual’s right to privacy, data security, and technology-based equality. Legal Issues Facing Automated Vehicles, Facial Recognition, and Individual Rights seeks to highlight the benefits of using FRS in public and private transportation technology and addresses some of the legitimate concerns regarding its use by private corporations and government entities, including law enforcement, in public transportation hubs and traffic stops. Constitutional questions, including First, Forth, and Ninth Amendment issues, also remain unanswered. FRS is now a permanent part of transportation technology and society; with meaningful legislation and conscious engineering, it can make future transportation safer and more convenient.
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Durovic, Mateja, and Franciszek Lech. A Consumer Law Perspective on the Commercialization of Data. Universitätsbibliothek J. C. Senckenberg, Frankfurt am Main, 2021. http://dx.doi.org/10.21248/gups.64577.

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Commercialization of consumers’ personal data in the digital economy poses serious, both conceptual and practical, challenges to the traditional approach of European Union (EU) Consumer Law. This article argues that mass-spread, automated, algorithmic decision-making casts doubt on the foundational paradigm of EU consumer law: consent and autonomy. Moreover, it poses threats of discrimination and under- mining of consumer privacy. It is argued that the recent legislative reaction by the EU Commission, in the form of the ‘New Deal for Consumers’, was a step in the right direction, but fell short due to its continued reliance on consent, autonomy and failure to adequately protect consumers from indirect discrimination. It is posited that a focus on creating a contracting landscape where the consumer may be properly informed in material respects is required, which in turn necessitates blending the approaches of competition, consumer protection and data protection laws.
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Lara, Juan. The Right to Private Property. Instituto de Libertad Económica, 2022. http://dx.doi.org/10.53095/13582006.

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Why is the right to private property important? What is the relationship between private property and economic freedom and free market economy? Why is private property related to economic efficiency and innovation? How do you protect the private property in Puerto Rico and the United States? What are the limits of private property?
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Cachalia, Firoz, and Jonathan Klaaren. A South African Public Law Perspective on Digitalisation in the Health Sector. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/05.

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We explored some of the questions posed by digitalisation in an accompanying working paper focused on constitutional theory: Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa. In that paper, we asked what legal resources are available in the South African legal system to respond to the risk and benefits posed by digitalisation. We argued that this question would be best answered by developing what we have termed a 'South African public law perspective'. In our view, while any particular legal system may often lag behind, the law constitutes an adaptive resource that can and should respond to disruptive technological change by re-examining existing concepts and creating new, more adequate conceptions. Our public law perspective reframes privacy law as both a private and a public good essential to the functioning of a constitutional democracy in the era of digitalisation. In this working paper, we take the analysis one practical step further: we use our public law perspective on digitalisation in the South African health sector. We do so because this sector is significant in its own right – public health is necessary for a healthy society – and also to further explore how and to what extent the South African constitutional framework provides resources at least roughly adequate for the challenges posed by the current 'digitalisation plus' era. The theoretical perspective we have developed is certainly relevant to digitalisation’s impact in the health sector. The social, economic and political progress that took place in the 20th century was strongly correlated with technological change of the first three industrial revolutions. The technological innovations associated with what many are terming ‘the fourth industrial revolution’ are also of undoubted utility in the form of new possibilities for enhanced productivity, business formation and wealth creation, as well as the enhanced efficacy of public action to address basic needs such as education and public health.
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Rajagopal, Rangaswamy, and David Osterberg. Takings/Private Property Rights. Iowa City, Iowa: University of Iowa, November 1995. http://dx.doi.org/10.17077/bjhc-1ii9.

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Robinson, Eric. Digital Rights Management, Fair Use, and Privacy: Problems for Copyright Enforcement through Technology. SOAR@USA: Scholarship and Open Access Repository, December 2009. http://dx.doi.org/10.46409/sr.jkvn1411.

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Soderberg, Eric, and William Glenney. Data Mining and Information Technology: Its Impact on Intelligence Collection and Privacy Rights. Fort Belvoir, VA: Defense Technical Information Center, November 2007. http://dx.doi.org/10.21236/ada475402.

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van der Sloot, Bart. The Quality of Life: Protecting Non-personal Interests and Non-personal Data in the Age of Big Data. Universitätsbibliothek J. C. Senckenberg, Frankfurt am Main, 2021. http://dx.doi.org/10.21248/gups.64579.

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Under the current legal paradigm, the rights to privacy and data protection provide natural persons with subjective rights to protect their private interests, such as related to human dignity, individual autonomy and personal freedom. In principle, when data processing is based on non-personal or aggregated data or when such data pro- cesses have an impact on societal, rather than individual interests, citizens cannot rely on these rights. Although this legal paradigm has worked well for decades, it is increasingly put under pressure because Big Data processes are typically based indis- criminate rather than targeted data collection, because the high volumes of data are processed on an aggregated rather than a personal level and because the policies and decisions based on the statistical correlations found through algorithmic analytics are mostly addressed at large groups or society as a whole rather than specific individuals. This means that large parts of the data-driven environment are currently left unregu- lated and that individuals are often unable to rely on their fundamental rights when addressing the more systemic effects of Big Data processes. This article will discuss how this tension might be relieved by turning to the notion ‘quality of life’, which has the potential of becoming the new standard for the European Court of Human Rights (ECtHR) when dealing with privacy related cases.
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