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Journal articles on the topic 'Privacy, Right of – European Union countries'
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1
Mutiara, Upik, and Romi Maulana. "PERLINDUNGAN DATA PRIBADI SEBAGAI BAGIAN DARI HAK ASASI MANUSIA ATAS PERLINDUNGAN DIRI PRIBADI." Indonesian Journal of Law and Policy Studies 1, no. 1 (May 31, 2020): 42. http://dx.doi.org/10.31000/ijlp.v1i1.2648.
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Protection of personal data as closely related to the protection of personal and private rights. Indonesia does not yet have legislation that specifically regulates the protection of personal data. then the problem that the author raises is: the comparison of the right to personal protection as part of human rights in Indonesia with the constitution in other countries and the concept of comparing the protection of personal data as a manifestation of the human rights of personal protection in Indonesia and other countries. related to the protection of personal rights in Indonesia is a state constitutional obligation regulated in the 1945 Constitution of the Republic of Indonesia Article 28G Paragraph (1). The constitutions of other countries such as in several Asian, African, and European countries as mentioned above have explicitly regulated and mentioned the protection of guarantees and personal rights or privacy rights of their citizens. while in Indonesia such as Saudi Arabia and Madagascar it does not explicitly mention anything about the right of privacy in their constitution. it can be concluded that the concept of personal data protection can be found in international and regional instruments such as the European Union Data Protection Directive, the European Union Data Protection Convention, and the OECD Guidelines.
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Gruodytė, Edita, and Saulė Milčiuvienė. "Anonymization of Court Decisions: Are Restrictions on the Right to Information in “Accordance with the Law”?" Baltic Journal of Law & Politics 9, no. 2 (December 1, 2016): 150–70. http://dx.doi.org/10.1515/bjlp-2016-0016.
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Abstract In Lithuania rules for the anonymization of court decisions were introduced in 2005. These rules require automatic anonymization of all court decisions, which in the opinion of the authors violates the public interest to know and freedom of expression is unjustifiably restricted on behalf of the right to privacy. This issue covers two diametrically opposed human rights: the right to privacy and the right to information. The first question is how the balance between two equivalent rights could be reached. The second question is whether this regulation is in accordance with the law as it is established in the national Constitution and revealed by the Constitutional Court of the Republic of Lithuania and developed by the jurisprudence of the European Court of Human Rights. The authors conclude that the legislator is not empowered to delegate to the Judicial Council issues which are a matter of legal regulation and suggest possible solutions evaluating practice of the Court of Justice of the European Union, the European Court of Human Rights, and selected EU countries.
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V. V., Novitskyi. "Political and legal mechanisms for the protection of human rights through the lens of the European Union countries." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.
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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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YAVARI, Asadollah, and Saeedeh MAZINANIAN. "Privacy in Cyberspace: Islamic Republic of Iran Perspective." Journal of Advanced Research in Law and Economics 11, no. 1 (March 31, 2020): 208. http://dx.doi.org/10.14505//jarle.v11.1(47).25.
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Privacy is one of the cornerstones of the realization of human rights in a democratic system and is defined as a realm of everyone's life, is not accessible to others. Thus, privacy in cyberspace has a similar definition. Since privacy and data protection have different definitions for business owners, governments, and the general public, unlike other areas of law, which have well-established legal concepts, norms, and principles, privacy and data protection is an area of law that is not currently consolidated. The right to privacy, therefore, falls into two normative frameworks: preventing violation of the privacy of others, and training and guidance on secrecy. Data protection and privacy are not limited to one legal area. Data protection and privacy laws include areas of intellectual property, competition, and part of cybercrime. Since the level of individuals' privacy is determined by the national laws of each country or political entities such as the European Court of Human Rights (ECtHR) and the European Court of Justice, through the EU's General Data Protection Regulations applicable since 2018, the European Union (EU) has set criteria that will have a major impact on data protection and privacy laws in other countries. Furthermore, as privacy is one of the strongest recommendations of Islam, the law of cybercrime (2009), the law of freedom to access to information (2010), the charter of citizens' rights (2016) is supported in the positive laws of the Islamic Republic of Iran as well as in the constitution. The most important question in this article is what is the scope of privacy in cyberspace and to what extent do laws and regulations support it? Therefore, this descriptive-analytical study analyzes the concept of privacy and the scope of its right in the laws and regulations of the Islamic Republic of Iran and the challenges that the right of privacy faces.
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Wilk, Dariusz. "FORENSIC DATABASES IN POLAND. LEGAL ISSUES RELATED TO RIGHT TO THE PROTECTION OF PERSONAL DATA AND RIGHT TO PRIVACY." Criminalistics and Forensics, no. 66 (2021): 285–305. http://dx.doi.org/10.33994/kndise.2021.66.23.
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Forensic databases are crucial resources in criminal justice systems, which allow for detection and identification of offenders. General Data Protection Regulation and Police Directive about processing of personal data were enacted in the European Union in 2016, which implied changes in national law and policy in processing genetic and biometric data by law enforcements. Therefore, current development of DNA and fingerprint databases in Poland were revealed and compared to other European countries. Changes in the law related to processing of genetic and biometric data were analysed. Issues related to the distinction between different categories of data subject and retention time of personal data were especially commented in the view of right to the protection of personal data and right to privacy.
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Wilson, Kerianne. "Gone With the Wind?: The Inherent Conflict between API/PNR and Privacy Rights in an Increasingly Security-Conscious World." Air and Space Law 41, Issue 3 (May 1, 2016): 229–64. http://dx.doi.org/10.54648/aila2016019.
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Advance Passenger Information (‘API’) and Passenger Name Record (‘PNR’) are an increasingly prevalent phenomenon in the international aviation industry. In the absence of mandatory content and transmission requirements, an increase in the number of countries requiring such data has resulted in significant complexity and expense associated with compliance. Simultaneously, the transfer of API and PNR data runs directly counter to privacy rights of residents of the European Union and other countries with strict privacy legislation, rendering compliance even more difficult. This article explores the background of API and PNR, the international guidance materials regarding content and transmission, the lack of harmonization between the different API and PNR regimes currently in effect, privacy and data protection philosophies and prioritization in the United States and the European Union and the interplay between privacy and API/PNR, the current reality facing airlines, and the emerging trend towards increased data transfers at the expense of privacy.
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Mujuzi, Jamil Ddamulira. "Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions: Issues Emerging from the Jurisprudence of the European Court of Human Rights." European Journal of Crime, Criminal Law and Criminal Justice 24, no. 2-3 (June 26, 2016): 107–34. http://dx.doi.org/10.1163/15718174-24032088.
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Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system, the Committee of Ministers calls upon Member States to ‘authorise’ victims to institute private prosecutions. Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 is silent on private prosecutions. The dg Justice Guidance Document related to the transposition and implementation of Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 discourages private prosecutions. However, private prosecutions take part in many European countries. It is thus important to highlight some of the issues that have emerged from different European countries on the issue of private prosecutions. Case law from the European Court of Human Rights shows that private prosecutions take place in many European countries. This article, based on case law of the European Court of Human Rights, highlights the following issues with regards to private prosecutions: the right to institute a private prosecution; who may institute a private prosecution? private prosecution after state declines to prosecute; state intervention in a private prosecution; and private prosecution as a domestic remedy which has to be exhausted before a victim of crime approaches the European Court of Human Rights. The author argues that there is a need to recognise the right to private prosecution at the European Union level.
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Hodges, Ann C. "Bargaining for Privacy in the Unionized Workplace." International Journal of Comparative Labour Law and Industrial Relations 22, Issue 2 (June 1, 2006): 147–82. http://dx.doi.org/10.54648/ijcl2006009.
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Abstract: This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater legal rights of consultation with employers and take a more proactive approach to protection of employee privacy. While this approach offers promise for achieving greater privacy for employees and more flexibility for employers, the article concludes that it is unlikely to be widely adopted in the U.S. because of the limited power of labor unions.
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Mendzhul, M. V., and N. O. Davydova. "The mechanism of civil law regulation of property relations of partners in de facto unions." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 124–27. http://dx.doi.org/10.24144/2307-3322.2021.65.22.
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The article investigates the mechanism of legal regulation of property relations of partners in de facto unions. The national legislation of European states is analyzed, as well as the recommendations of the Commission on European Family Law, suggestions for improving national legislation are made.It is determined that there are no uniform approaches in the legal regulation of partners in de facto unions in European countries, in particular in six countries such relations are unregulated, in fourteen countries such relations are regulated by different branches of law, and in nine jurisdictions there is a special legal mechanism (Sweden, Hungary, Slovenia, Croatia, Catalonia, Portugal, Scotland, Ireland and Finland).The provisions of the Lithuanian Civil Code on the regulation of de facto marital relations, as well as the legislation of Croatia, Sweden, Norway and other countries are analyzed. It was found that in Scotland, civil partnerships were allowed for same-sex couples back in 2005, and for people of the opposite sex only from June 30, 2021.It is substantiated that in the context of Europeanization of private law, the position on the need to amend the Family Code of Ukraine and introduce the term «de facto union» recommended by the Commission on European Family Law in the Principles of European Family Law on property rights, maintenance and succession of couples in de facto unions.It is proved that in the process of Europeanization of private law the institution of de facto union should be regulated by the norms of the Family Code of Ukraine, which, taking into account the recommendations of the Commission on European Family Law should be improved as follows: contract on selling a dwelling in which partners live, as well as household items, is made with the consent of both partners; to guarantee partners the right to file a claim to the court for consent to dispose of the property without the consent of the other partner; to guarantee the principle of freedom of contract between partners in de facto unions; establish the right to compensation for a significant contribution to the property (or business) or profession of another partner; guarantee the right of the partner to inherit equally with the spouses, etc.
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Białkowska, Paula Maria. "Legal and Ethical Grounds of Professional Secrecy of a Lawyer in Selected European Union Countries and in the United States of America." Review of European and Comparative Law 45, no. 2 (June 16, 2021): 77–103. http://dx.doi.org/10.31743/recl.11456.
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The subject of the article is professional secrecy in practicing the legal profession in American law, with the indication of some differences resulting from separate laws of different states, and in the European Union – taking into account a few exemplary countries. Its sources were described – both legal and ethical, as well as the definition and construction. Confidentiality has been included in the objective and subjective aspect, taking into account different views in the doctrine as to its scope. Bearing in mind the basic right from which professional secrets derive – the right to privacy – the article also includes some of its aspects related to confidentiality.
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Frantsuz, A. J., and Y. K. Tupichenko. "ORGANISATIONAL AND LEGAL BASIS OF PRIVATE DETECTIVES IN POLAND AN UKRAINE." Legal Bulletin 76, no. 6 (December 15, 2022): 54–59. http://dx.doi.org/10.31732/2708-339x-2022-06-54-59.
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institutional crisis, destruction of anti-corruption legislation and loss of trust in law enforcement agencies - stimulates the development of non-governmental organizations and the emergence of individuals, protect private property, ensure personal safety, protect the lives and health of citizens. These include security agencies, bodyguards and private detectives. The lack of legal regulation of detective activity in Ukraine is a very big legal problem that separates us from the modern European world. The desire of the current government to maintain control over law enforcement agencies and the weak implementation of law enforcement and investigative activities - contributes to the active development of crime in Ukraine. This forces Ukrainian scientists and lawyers to study international experience for the effective implementation of the institute of detective work, in accordance with current international law. The activities of private detectives in European countries - is ensured by the right of citizens of these countries to protect their constitutional rights. Also, in the territory of the European Union, the activities of private detectives are legal and clearly spelled out in law. Legal regulation of private detective work is a very difficult issue. It is difficult to create adequate legal conditions when it comes to the authority of some people - to obtain information about third parties without their consent and knowledge. Therefore, the legislator of a modern European country must find a fine line between personal freedom, the right to privacy and the minimum rights of a person engaged in private detective work. This is necessary for the detective to be able to perform his duties efficiently and reliably. Today in Ukraine there are no laws that would clearly regulate private detective work. However, services that show signs of private detective work are still provided by individuals and agencies. If you look at the sections of ads on the Internet, you can find many suggestions for the provision of detective services.
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López Insua, Belén. "LÍMITES AL DERECHO DE ASISTENCIA SANITARIA TRANSFRONTERIZA Y PRINCIPIO DE PROPORCIONALIDAD TRAS LA SENTENCIA DEL TJUE DE 23 DE SEPTIEMBRE DE 2020." E-REVISTA INTERNACIONAL DE LA PROTECCION SOCIAL 5, no. 2 (2020): 374–99. http://dx.doi.org/10.12795/e-rips.2020.i02.17.
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Health protection is one of the fundamental pillars of the European Union and of the process of social-democratic constitutionalism. The achievement of a Community health care system is now more than ever one of the great challenges for the European community. In spite of these objectives, the European Union has adopted a logic that relies more on an interventionist model than on simple coordination, rather than on a harmonised system for all Member States. Unfortunately, this particular cooperative pluralism has made each of the Community countries competent and responsible for the coordination rules laid down by the Union. In this sense, Directive 2011/24/EU is set as the reference standard to guarantee the right of all European citizens to receive safe and quality healthcare, both in the public sphere and in the private sphere of another Member State. The aim is to guarantee the freedom of movement and movement of persons without damaging health. Today, the right to health care is a fundamental social right of a primary nature, which is linked to the right to life and dignity.
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Zanker, Marek, Vladimír Bureš, Anna Cierniak-Emerych, and Martin Nehéz. "The GDPR at the Organizational Level: A Comparative Study of Eight European Countries." E+M Ekonomie a Management 24, no. 2 (June 2021): 207–22. http://dx.doi.org/10.15240/tul/001/2021-2-013.
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The General Data Protection Regulation, also known as the ‘gold standard’ or the ‘Magna Carta’ of cyber laws, is a European regulation that deals with rights in the area of privacy and focuses on data collection, storage and data processing. This manuscript presents the results of investigation in the business sphere from eight countries of the European Union. The research focused on awareness of the GDPR, costs associated with the GDPR, number of trainings, how data are secured and subjective evaluation. The questionnaire was used for data collection. The results show that the majority of employees concerned about the GDPR are able to define the GDPR correctly (64%). The correct identification of personal data is in 95% of cases. The vast majority of respondents (94%) assign the right to personal data protection to the GDPR. Most employees are trained in the GDPR once (46%) or twice (45%). Subsequently, the differences between these countries in some areas of the questionnaire survey were examined. For this purpose, Welch ANOVA with post-test Tukey HSD or Kruskal-Wallis test were used. As a result, knowledge about the personal data do not vary significantly between the countries. In the area of rights, the countries are not again statistically different. As for the number of security countries, statistics do not differ significantly. The subjective assessment of the GDPR is different across the countries. The GDPR is rated worst by companies in the Czech Republic and Slovakia. On the contrary, the GDPR is best perceived by companies in France and the United Kingdom.
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Jones, Meg Leta. "The right to a human in the loop: Political constructions of computer automation and personhood." Social Studies of Science 47, no. 2 (April 2017): 216–39. http://dx.doi.org/10.1177/0306312717699716.
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Contributing to recent scholarship on the governance of algorithms, this article explores the role of dignity in data protection law addressing automated decision-making. Delving into the historical roots of contemporary disputes between information societies, notably European Union and Council of Europe countries and the United States, reveals that the regulation of algorithms has a rich, culturally entrenched, politically relevant backstory. The article compares the making of law concerning data protection and privacy, focusing on the role automation has played in the two regimes. By situating diverse policy treatments within the cultural contexts from which they emerged, the article uncovers and examines two different legal constructions of automated data processing, one that has furnished a right to a human in the loop that is intended to protect the dignity of the data subject and the other that promotes and fosters full automation to establish and celebrate the fairness and objectivity of computers. The existence of a subtle right across European countries and its absence in the US will no doubt continue to be relevant to international technology policy as smart technologies are introduced in more and more areas of society.
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Roos, A. "Personal Data Protection in New Zealand: Lessons for South Africa?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 4 (July 4, 2017): 61. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2786.
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In 1995 the European Union adopted a Directive on data protection. Article 25 of this Directive compels all EU member countries to adopt data protection legislation and to prevent the transfer of personal data to non-EU member countries (“third countries”) that do not provide an adequate level of data protection. Article 25 results in the Directive having extra-territorial effect and exerting an influence in countries outside the EU. Like South Africa, New Zealand is a “third” country in terms of the EU Directive on data protection. New Zealand recognised the need for data protection and adopted a data protection Act over 15 years ago. The focus of this article is on the data protection provisions in New Zealand law with a view to establishing whether South Africa can learn any lessons from them. In general, it can be said that although New Zealand law does not expressly recognise a right to privacy, it has a data protection regime that functions well and that goes a long way to providing adequate data protection as required by the EU Directive on data protection. Nevertheless, the EU has not made a finding to that effect as yet. The New Zealand data protection act requires a couple of amendments before New Zealand might be adjudged ‘adequate’. South Africa’s protection of the right to privacy and identity is better developed and more extensive than that of New Zealand. Privacy is recognised and protected in the law of delict and by the South African Constitution. Despite South Africa’s apparently high regard for the individual’s right to privacy and identity and our well-developed common and constitutional law of privacy, South Africa does not meet the adequacy requirement of the EU Directive, because we do not have a data protection Act. This means that South African participants in the information technology arena are at a constant disadvantage. It is argued that South Africa should follow New Zealand’s example and adopt a data protection law as soon as possible.
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Boltanova, E. S., and M. P. Imekova. "Russian Legislation Development Prospects in the Field of Protection of Citizens’ Rights in Processing of Genetic Information (Private Law Outlook)." Lex Russica, no. 2 (February 28, 2022): 90–100. http://dx.doi.org/10.17803/1729-5920.2022.183.2.090-100.
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The European Union countries tend to ensure the protection of citizens’ rights when processing genetic information in such areas as healthcare, science, labor and insurance. In Russia, such protection of citizens’ rights is provided exclusively for the prevention, disclosure and investigation of crimes.The results of the study show that genetic information is an element of objects of various constitutional human and civil rights (for example, the right to health, the right to privacy, personal dignity, etc.). Consequently, it can be the object of a complex of legal relations of various areas of law: constitutional, civil, labor, etc. In this regard, it is concluded that the protection of the rights of citizens in Russia in processing of genetic information in such areas as healthcare, science, labor and insurance should have a complex (intersectoral) character. At the same time, there is no need to adopt a general law that would ensure the appropriate protection of citizens’ rights in all these spheres of society. It is enough to make point changes to the laws regulating public relations on processing of genetic information within a particular sphere. The Federal Law «On Personal Data» should definitely take a central place among such laws. Its norms are of «cross-cutting» character and are subject to application to all public relations, one way or another related to the processing of genetic information.In addition, there is a sphere of social life in Russia that is directly related to the processing of genetic information, but is not subject to legislative regulation. This is scientific research that uses biological samples of human origin. The authors of the paper, by analogy with the legislation of the European Union, propose to adopt a new Federal Law «On research of biological samples of human origin».
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Udovenko, Zhanna. "Analysis of international legislation on non-interference in personal and family life." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 383–86. http://dx.doi.org/10.36695/2219-5521.2.2020.73.
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Abstract. This article analyzes the basic principles of international legal acts, the Constitution of the USA and the countries ofthe European Union, regulating relations in the sphere of protection personal and family life. Due to the fact that the concept of “noninterferenceinto privacy” is relatively new to the criminal procedural legislation of Ukraine, the basics for normative legal regulationof a justified interference with privacy by state authorities while conducting criminal investigations are emphasized; their importancefor criminal investigation is paid special attention in judicial consideration along with taking into account the specifics of national le -gislation. The purpose of the article is to investigate the concept of the right to non-interference within the privacy.The study determined the peculiarities of national regulatory approaches to non-interference with private life that have developedlegislation and years of experience in protecting human rights and freedoms. This paper summarizes the international experience ofleading countries in the field of protection of personal and family life is generalized. Since the concept of “non-interference with privatelife” is relatively new to the domestic legislation of Ukraine, it is of great interest to study foreign experience of legal regulation of thisbasis of criminal proceedings. The specificity of the purpose and objectives of the study necessitated the use of dialectical, comparative-legal, historical-legal, formal-logical, system-structural, sociological, and statistical and other methods of scientific search.As a result of the research, on the basis of the analysis of international legal documents, the Constitution of Ukraine, the CriminalProcedure Code of Ukraine and the positions covered in scientific publications, special attention is paid to the urgency on observing theguarantees of non-interference with privacy in criminal proceedings, when there is a high risk of violation of rights and legitimate interestsof its participants. It is argued that restrictions on these rights are possible only in the manner guaranteed by the law and solely toachieve the objectives of criminal proceedings in order to protect the state, society and individual citizens from criminal encroachments.
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Kuznetsova, Svetlana S., Artur N. Mochalov, and Marat S. Salikov. "Biometric identification on the Internet: Trends of legal regulation in Russia and in foreign countries." Vestnik Tomskogo gosudarstvennogo universiteta, no. 476 (2022): 257–67. http://dx.doi.org/10.17223/15617793/476/28.
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The past few years saw the world's increased interest in biometric identification of Internet users. Biometric data differ from other identifiers: they are immutable and inalienable from their carriers, so any theft (including as a result of leakage) can lead to irreparable consequences. The aim of the article is to study the legal regulation of online biometric identification and processing of biometric data in the United States of America, China, and the European Union, as well as to assess the Russian legal regulation of this area in the light of world experience. For this, the authors use a comparative legal methodology. Each of the cases selected as research material illustrates one of the three regulatory models the authors identified. Each of the models is based on a certain constitutional concept of establishing a balance between users' private interests, on the one hand, and public interests, on the other. The US regulatory model is based on the establishment of minimum government guarantees of human rights observance in the processing of biometric data, while operators of Internet platforms remain with wide discretion in determining the procedure for processing biometric information. The Asian model, implemented, in particular, in China, proceeds from the priority of public interests over the privacy interests of individuals. States that implement such a model in their national legislation form centralized databases of subjects' biometric data, actively involving private Internet service providers in this process. The European model, which is based on the General Data Protection Regulation adopted in the European Union, on the contrary, proceeds from the recognition of the priority of the interests of the individual over public interests, establishing for this purpose strict rules regarding the processing of biometric data by Internet service providers and making it almost impossible to create centralized databases for accumulation of such information. Analyzing the trends in Russian legislation, the authors come to the conclusion that legal regulation in Russia tends to the Asian model and note that its implementation is associated with significant risks to human rights and freedoms, including in connection with data leaks from biometric databases. The emphasis is made on the fact that Russia, unlike Asian countries, is a member of the Council of Europe and is bound by the human rights standards laid down in its international documents. These standards should be taken into account when legislating in this area.
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Tzakova, Liuba. "A BRIEF REVIEW OF THE CASE LAW ON THE RIGHT “TO BE FORGOTTEN”." Knowledge International Journal 30, no. 6 (March 20, 2019): 1377–83. http://dx.doi.org/10.35120/kij30061377t.
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Modern society is evolving at a faster pace than before and this process is driven by the technological progress and the access to virtual space and Internet. Physical exchange of information is being replaced by its virtual double which offers faster speeds in quite different dimensions compared to traditional ones. Virtual space reduces distances between different parts of the world, there are no state borders, the individual has the ability to provide and create electronic content from anywhere in the world.In this space of “limitless” freedom, however, there is an inevitable collision between the different interests of individuals which has its reflection in the material world. It is here that the increasing necessity to create rules and regulations for resolving future and already arisen conflicts becomes visible.This report addresses issues related to the deletion/erasure of information on the Internet relating to a particular person, or the so-called right “to be forgotten”. A person may refer to this right when he considers published and publicly available information about him on the network irrelevant, as well as when the information is not correct, is no longer up to date, or the ground for its processing has been dropped. The right “to be forgotten” is a conflict issue that shows both advantages and disadvantages. It offers opportunity for a new beginning and for protection of privacy7, but it is often necessary to restrict it in order to protect the right of the public to be informed and the freedom of speech.The European Union plays an active role in order to place this issue in a legal framework. It established legal regulation in the field with Directive 95/46 / EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data which is interpreted in connection with the Charter of Fundamental Rights of the European Union. The General Data Protection Regulation entered into force in 2018 and replaced Directive 95/46 /EC. Of particular importance for understanding and enforcing of the right “to be forgotten” is the case-law of the Court of Justice of the European Union and the European Court of Human Rights. The role of the courts of the different countries should also not be underestimated.Despite the clarity that this regulation introduces, there are new issues that need to be addressed, such as the criteria for deleting personal information from the virtual space and in which cases the public interest is justified to take precedence over that of the individual and where it is not.
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Marovic, Branko, and Vasa Curcin. "Impact of the European General Data Protection Regulation (GDPR) on Health Data Management in a European Union Candidate Country: A Case Study of Serbia." JMIR Medical Informatics 8, no. 4 (April 17, 2020): e14604. http://dx.doi.org/10.2196/14604.
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As of May 2018, all relevant institutions within member countries of the European Economic Area are required to comply with the European General Data Protection Regulation (GDPR) or face significant fines. This regulation has also had a notable effect on the European Union (EU) candidate countries, which are undergoing the process of harmonizing their legislature with the EU as part of the accession process. The Republic of Serbia is an example of such a candidate country, and its 2018 Personal Data Protection Act mirrors the majority of provisions in the GDPR. This paper presents the impact of the GDPR on health data management and Serbia’s capability to conduct international health data research projects. Data protection incidents reported in Serbia are explored to identify common underlying causes using a novel taxonomy of contributing factors across aspects and health system levels. The GDPR has an extraterritorial application for the non-EU data controllers who process the data of EU citizens and residents, which mainly affects private practices used by medical tourists from the EU, public health care institutions frequented by foreigners, as well as expatriates, dual citizens, tourists, and other visitors. Serbia generally does not have well-established procedures to support international research collaborations around its health data. For smaller projects, contractual arrangements can be made with health data providers and their ethics committees. Even then, organizations that have not previously participated in similar ventures may require approval or support from health authorities. Extensive studies that involve multisite data typically require the support of central health system institutions and relevant research data aggregators or electronic health record vendors. The lack of a framework for preparation, anonymization, and assurance of privacy preservation forces researchers to rely heavily on local expertise and support. Given the current limitation and potential issues with the legislation, it remains to be seen whether the move toward the GDPR will be beneficial for the Serbian health system, medical research, protection of personal data and privacy rights, and research capacity. Although significant progress has been made so far, a strategic approach is needed at the national level to address insufficient resources in the area of data protection and develop the personal data protection environment further. This will also require a targeted educational effort among health workers and decision makers, aiming to improve awareness and develop skills and knowledge necessary for the workforce.
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Yaroshenko, Oleg, Nataliia Melnychuk, Sergiy Moroz, Olena Havrylova, and Yelyzaveta Yaryhina. "Features of Remote Work in Ukraine and the European Union: Comparative Legal Aspect." Hasanuddin Law Review 7, no. 3 (December 1, 2021): 136. http://dx.doi.org/10.20956/halrev.v7i3.3218.
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The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process.
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Raposo, Vera Lucia. "Can China’s ‘standard of care’ for COVID-19 be replicated in Europe?" Journal of Medical Ethics 46, no. 7 (May 18, 2020): 451–54. http://dx.doi.org/10.1136/medethics-2020-106210.
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The Director-General of the WHO has suggested that China’s approach to the COVID-19 crisis could be the standard of care for global epidemics. However, as remarkable as the Chinese strategy might be, it cannot be replicated in other countries and certainly not in Europe. In Europe, there is a distribution of power between the European Union and its member states. In contrast, China’s political power is concentrated in the central government. This enables it to take immediate measures that affect the entire country, such as massive quarantines or closing borders. Moreover, the Chinese legal framework includes restrictions on privacy and other human rights that are unknown in Europe. In addition, China has the technological power to easily impose such restrictions. In most European countries, that would be science fiction. These conditions have enabled China to combat epidemics like no other country can. However, the WHO might have been overoptimistic. The Chinese standard of care for treating COVID-19 also raises problematic issues for human rights, and the real consequences of these actions remain to be seen.
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Kuner, Christopher. "Reality and Illusion in EU Data Transfer Regulation PostSchrems." German Law Journal 18, no. 4 (July 1, 2017): 881–918. http://dx.doi.org/10.1017/s2071832200022197.
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The judgment of the Court of Justice of the European Union inSchrems v. Data Protection Commissioner, in which the Court invalidated the EU-US Safe Harbour arrangement, is a landmark in EU data protection law. The judgment affirms the fundamental right to data protection in the context of international data transfers, defines an adequate level of data protection, and illustrates how data protection rights under EU law can apply to data processing in third countries. It also raises questions about the status of other legal bases for international data transfers under EU law, and shows that many legal disputes concerning data transfers are essentially political arguments in disguise. TheSchremsjudgment illustrates the tendency of EU data protection law to focus on legalistic mechanisms to protect data transfers rather than on protection in practice. The EU and the US have since agreed on a replacement for the Safe Harbour (the EU-US Privacy Shield), the validity of which will likely be tested in the Court of Justice. Regulation of data transfers needs to go beyond formalistic measures and legal fictions, in order to move from illusion to reality.
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Rojszczak, Marcin. "Compliance of Automatic Tax Fraud Detection Systems with the Right to Privacy Standards Based on the Polish Experience of the STIR System." Intertax 49, Issue 1 (January 1, 2021): 39–52. http://dx.doi.org/10.54648/taxi2021005.
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According to the EC estimates presented in November 2018, the so-called VAT gap amounted to approximately EUR 150 billion with organized crime groups largely responsible for its creation. Therefore, it is not surprising that states, while protecting their economic interests, are implementing new measures aimed at detecting and preventing tax crime. Poland is also pursuing this type of activity, and a number of innovative measures in the field of tax law have been introduced over the last few years. One such solution is the automatic system of analysing transaction data from financial institutions (System Teleinformatyczny Izby Rozliczeniowej, STIR). The way this system works – combining the collection of enormous sets of personal data including sensitive information with confidential analytics and composing reports for tax authorities and law enforcement purposes – must raise doubts as to its compliance with human rights standards. In terms of its operation, STIR resembles electronic surveillance systems in other EU Member States; the difference is that, instead of capturing telecommunications data, it aggregates bulk amounts of information on financial transactions. The purpose of this article is to discuss the regulations that establish the legal framework of STIR and to present recommendations on how to ensure its compliance with the privacy and data protection model functioning in the EU. Special attention will be paid to assessing the proportionality and quality of legal safeguards implemented to limit the risk of abuse of power according to standards established in the case law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). Conclusions drawn from this analysis are not only important from the perspective of the Polish legislature but are also relevant to other countries and EU institutions implementing systems similar to STIR that are interested in developing cooperation between Member States in the area of combatting tax fraud. Right to privacy, tax fraud, transaction network analysis, automated decision-making, VAT gap.
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Martínez-Escribano, Celia. "Tenancy and Right to Housing: Private Law and Social Policies." European Review of Private Law 23, Issue 5 (October 1, 2015): 777–95. http://dx.doi.org/10.54648/erpl2015048.
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Abstract: As far as the right to housing is a programmatic rule in the European Union (EU) and national regulations of tenancy are related to housing, social housing policies can be carried out through tenancy law. In fact, tenancy rules have traditionally been mandatory in the European context to protect tenants as the weak party of the contract, with little room for the freedom of will, due to the risk of abuses from landlords. However, an excess of protection for tenants could infringe property as a fundamental right of landlords, even though it is based on social purposes. At this point, the key issue is to find the balance between imperative rules protecting tenants and the freedom of will. This study explores the role of tenancy in connection to the right to housing in some European countries by comparing the rules related to the duration of the contract and the rent as basic elements for tenants. Résumé: Étant donné que le droit de l’habitation est un principe programmatique dans le cadre de l’Union Européenne et que les droits nationaux du bail sont liés à l’habitation, les politiques sociales en matière d’habitation pourraient être développées par l’intermédiaire de la réglementation du bail. En fait, le droit du bail a été traditionnellement régulé par normes impératives en Europe afin de protéger le preneur, qui est considéré être la partie faible au contrat, tout en laissant très peu d’espace pour l’autonomie des volontés, afin de prévenir le risque d’abus dans le chef des bailleurs. Mais la protection excessive des preneurs pourrait porter atteinte au droit de propriété comme droit fondamental des bailleurs, même si cette protection a une finalité sociale. Sur ce point-là, la question essentielle est trouver l’équilibre entre les règles impératives destinées à protéger les preneurs et l’autonomie des volontés. Cette étude explore le rôle du bail par rapport au droit de l’habitation dans quelques pays Européens en faisant une analyse comparative des règles relatives à la durée du contrat et du loyer comme éléments essentiels pour les preneurs.
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Doetsch, Julia Nadine, Vasco Dias, Marit S. Indredavik, Jarkko Reittu, Randi Kallar Devold, Raquel Teixeira, Eero Kajantie, and Henrique Barros. "Record linkage of population-based cohort data from minors with national register data: a scoping review and comparative legal analysis of four European countries." Open Research Europe 1 (May 27, 2021): 58. http://dx.doi.org/10.12688/openreseurope.13689.1.
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Background: The General Data Protection Regulation (GDPR) was implemented to build an overarching framework for personal data protection across the European Union/Economic Area (EU/EEA). Linkage of data directly collected from cohort participants based on individual consent must respect data protection rules and privacy rights of data subjects. Our objective was to investigate possibilities of linking cohort data of minors with routinely collected education and health data comparing EU/EEA member states. Methods: A legal comparative analysis and scoping review was conducted of openly online accessible published laws and regulations in EUR-Lex and national law databases on GDPR’s implementation in Portugal, Finland, Norway, and the Netherlands and its connected national regulations purposing record linkage for health research that have been implemented up until April 30, 2021. Results: EU/EEA has limited legislative authority over member states. The GDPR offers flexibility for national legislation. Exceptions to process personal data, e.g., public interest and scientific research, must be laid down in EU/EEA or national law. Differences in national interpretation caused obstacles in cross-national research and record linkage: Portugal requires written consent and ethical approval; Finland allows linkage mostly without consent through the national Data Protection Supervisory Authority; Norway when based on regional ethics committee’s approval and adequate information technology safeguarding confidentiality; the Netherlands mainly bases linkage on the opt-out system and Data Protection Impact Assessment. Conclusions: Though the GDPR is the most important legal framework, national legislation execution matters most when linking cohort data with routinely collected health and education data. As national interpretation varies, legal intervention balancing individual right to informational self-determination and public good is gravely needed for scientific research. More harmonization across EU/EEA could be helpful but should not be detrimental in those member states which already opened a leeway for registries and research for the public good without explicit consent.
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Melcher, Martina. "Private International Law and Registered Relationships: An EU Perspective." European Review of Private Law 20, Issue 4 (August 1, 2012): 1075–96. http://dx.doi.org/10.54648/erpl2012065.
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Abstract: Questions relating to same-sex marriages, registered partnerships, and statutory cohabitations are increasingly present in legislature and case law. Since 1989, when Denmark allowed the first same-sex registered partnership, eight European countries have adapted their marriage acts to include same-sex couples, and more than 16 European countries provide rules for same-sex and/or opposite-sex registered partnerships. The European Court of Human Rights had to (re-)interpret the right to marry (Article 12 European Convention on Human Rights (ECHR)), the prohibition of discrimination (Article 14 ECHR), and the right to respect for private and family life (Article 8 ECHR) in the light of the desire of an Austrian same-sex couple to wed. The Court of Justice of the European Union decided that it is direct discrimination to treat a German life partner differently from a married person with regard to a supplementary retirement pension. In this context, the present article focuses on the problem of international non-recognition of registered relationships that have already been validly established in another state. In addition to moral and political considerations, the recognition of foreign registered relationships might be legally required in view of recent case law on human rights and the fundamental freedoms of the EU. In this regard, the adoption and design of a future EU regulation on the law applicable to registered relationships as a well-suited instrument to ensure efficient recognition is discussed. Although non-recognition is not an issue, which is limited to the European Union, an EU perspective is employed throughout the article for reasons of practicability. Résumé:Questions relatives aux mariages homosexuels, aux partenariats enregistrés et aux cohabitations légales sont de plus en plus présentes dans la législation et la jurisprudence. Depuis 1989, lorsque le Danemark a permis le premier partenariat enregistré, huit pays européens ont adapté leur lois de mariage pour y inclure les couples de même sexe, et plus de 16 pays européens ont fourni des régles concernant un partenariat enregistré pour les personnes de même sexe et/ou de sexe opposé. La Cour Européenne des Droits de l'Homme devait (re-)interpréter le droit au mariage (article 12 Convention Européenne des Droits de l'Homme (CEDH)), l'interdiction de discrimination (article 14 CEDH) et le droit au respect de la vie privée et familiale (article 8 CEDH) en vertu d'un couple Autrichien de même sexe qui voulait se marier. La Cour de Justice de l'Union européenne décidait qu'un traitement différent d'un partenariat de vie et d'un mariage quant á une pension de retraite complémentaire peut constituer une discrimination.Dans ce contexte, le présent article élabore le probléme de la non-reconnaissance internationale des partenariats et des mariages homosexuels qui ont déjá été établis valablement dans un autre Etat. Outre les considérations morales et politiques, la reconnaissance de ces relations familiales est probablement meme légalement demandée compte tenu de la jurisprudence récente sur les droits de l'homme et les libertés fondamentales de l'UE. Un réglement de l'UE sur le droit applicable aux relations familiales enregistrées représente un instrument bien adapté pour assurer la reconnaissance et est donc ébauché en plus amples détails. Une perspective européenne est employée pour des raisons de praticabilité, bien que la non-reconnaissance soit un probléme mondial.
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Ismailov, K. "To the issue of personal information circulation in the national police databases." Fundamental and applied researches in practice of leading scientific schools 38, no. 2 (April 30, 2020): 41–45. http://dx.doi.org/10.33531/farplss.2020.2.7.
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The urgency of the problem under consideration is due to the outdated legal framework of Ukraine in the sphere of personal information circulation, which has been in existence for more than 10 years, given the significant gradual changes that have already taken place and are planned in the legislation of the member states of the European Union. And with the advent of modern information and telecommunication technologies, the issues of processing of personified information become even more urgent in view of respect for fundamental rights and freedoms of citizens.
The purpose of the article is to analyze the current legislation of the European Union and Ukraine in the sphere of the circulation of personal information during the detection, prevention and investigation of offenses.
Research methods. To achieve this goal, a number of scientific methods were used, namely: theoretical - to study and analyze national and international legal acts, scientific and methodological literature, summarize information to determine theoretical and methodological bases of the research; logical analysis - to formulate basic concepts and conduct classification; specific historical - to demonstrate the dynamics of the development of protection of personalized information about a person; dialectics - to determine the content and features of the constituent elements in the sphere of personal information turnover; empirical methods - to summarize the best practices of EU countries.
Results of the research. The article analyzes the recent changes in the EU countries in the field of protection of fundamental rights and freedoms of citizens when processing personal data by law enforcement agencies. Particular attention is paid to the urgency of storing personal data in police databases. The article also gives examples of European countries' law enforcement models in the area of the circulation of personal information. Attention is drawn to the basic principles of the processing of personal data, which are set out in the documents of the «Data Protection Package» adopted by the European Parliament, namely: legality, fairness and transparency; target restriction; minimizing data; accuracy; storage restrictions; integrity and confidentiality. The main provisions of the normative legal acts of Ukraine are presented, which reflect the norms regulating the sphere of turnover of personal data.
Practical importance. Thus, European legislation in the field of the circulation of personal information, which came into force in May 2018, significantly modernized the existing information relations. It is stated that in different EU countries there is an approach to regulating the timing of personal data retention in police bases, which should be compatible with the rights and freedoms of individuals. Changes in EU law go hand in hand with limiting the timeframes for finding information in police databases and differentiating information based on the nature of the crime, the person's age, time elapsed, and the person's behavior. Due to this, the legislator came to a balance between securing the right of privacy and property of a person for his personal data and the need to exercise the statutory functions of the state, performed in the interests of national security, protection of human rights and security.
It is necessary to introduce in Ukraine a new model of personal data turnover, which will be based on the modern realities of accumulation, processing, analysis and dissemination of information, by changing the provisions of regulations in the specified field in accordance with the principles set out in the documents of the «Data Protection Package», which provide creating conditions for ensuring a consistent international legal framework for the protection of personal data.
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Bassi, Eleonora. "Urban Unmanned Aerial Systems Operations." Law in Context. A Socio-legal Journal 36, no. 2 (May 20, 2020): 1–12. http://dx.doi.org/10.26826/law-in-context.v36i2.114.
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The drone sector offers a wide range of affordances, opportunities, and economic benefits for society. Delivery services, agriculture monitoring, wildfire control, public infrastructure inspections, humanitarian aid, or drone journalism, are among the activities enhanced by unmanned aerial systems (UAS). No surprise the civilian UAS market is growing fast throughout the world. Yet, on a daily basis, newspapers report serious concerns for people infringing other people’s rights through the use of drones. Cybersecurity attacks, data theft, criminal offences brought about the use of this technology frame the picture. Nowadays, several countries are changing their legal rules to properly address such challenges. In 2018, the European Union (EU) started its five year-long regulative process that should establish the common rules and standards for UAS operations within the EU Single Sky by 2023. A similar timeline has been adopted in the United States, so as to provide the jurisdictional boundaries for the civilian use of drones. The United Kingdom (UK) and Japan are adopting new rules too. From a legal point of view, the overall framework is thus rapidly evolving. The aim of this paper is to give attention to (i) privacy and data protection concerns raised by UAS operations; (ii) their monitoring functions and corresponding surveillance issues; and, (iii) how a privacy preserving approach – such as with privacy by design technologies, organizational measures, audit procedures, civic involvement, to name a few – makes a lawful and ethical use of this powerful technology possible.
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Jeretina, Urša. "Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia." NISPAcee Journal of Public Administration and Policy 9, no. 1 (June 1, 2016): 191–222. http://dx.doi.org/10.1515/nispa-2016-0009.
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Abstract The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR). In theory, Alternative Dispute Resolution (hereinafter: ADR) is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR) is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR) and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles would lead us closer towards a common European Administrative Space. However, so far such EU initiatives have left many questions unanswered regarding the supervision and financing of CADR schemes, as well as the administrative issues about the purely internal harmonization of “administrative” CADR practices in Member States. An example of the substantial administrative dilemmas in CADR practices, mostly in the field of universal services, can be recognized in existing CADR systems in selected EU countries, e.g. Slovenia and Croatia. POINTS FOR PRACTICIONERS: Special attention is paid to the interplay between the CADR and public administration in the EU, which introduces us to various definitions of the concept of CADR in administrative proceedings. The theoretical view shows that the parties in consumer dispute resolution produce various legal relationships (C2B/G or G/B2C, B2B or G2B) of different legal natures (public or private interests), whether under administrative or civil law. Through comparative analysis of the concept of CADR in administrative proceedings among selected EU countries, divergences are shown in the legal framework of CADR procedures, existing CADR schemes and measuring efficiency tools for CADR procedures, which causes key administrative dilemmas in the main sectors of universal services. Despite divergences, some similarities appear between new principles of proposed new EU regulation, which could lead us closer to a common European Administration law. Unfortunately, the statistical analysis of existing CADR cases in selected Member states indicates an inefficient use of these pledged mechanisms. The given guidelines and improvements with one coherent CADR model contribute to the achievement and pursuit of the set goals towards an efficient European Administrative space.
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Kjærgaard Sørensen, Nicolai, and Ulla Steen. "The Fundraiser's Transfer of Personal Data from the European Union to the United States in Context of Crowdfunding Activities." Nordic Journal of Commercial Law, no. 2 (November 15, 2022): 21. http://dx.doi.org/10.54337/ojs.njcl.2.7545.
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European start-up companies must overcome more ‘transfer hurdles’ when personal data is transferred from the European Union to the US (United States of America) as part of crowdfunding campaign activities. Transfer of personal data is commonly not associated with (small scale) crowdfunding activities. However, the strict rules of the EU GDPR (European General Data Protection Regulation) on safeguarding personal data apply to all companies when data is transferred from the EU to the US - regardless the size of the business.
This article identifies exchange of personal data that takes place between primarily fundraiser and crowdfunding service provider in different steps of fundraising campaigns. The framework for rewardbased crowdfunding for goods production that is provided by the US based Indiegogo platform is used as example and context. The article highlights by way of example the obligations that must be met by European fundraisers as "data controllers" when personal data is transferred to Indiegogo. No easy solutions are provided by either European Union or national data protection authorities on how to establish an adequate level of personal data protection. Paradigms on how to secure transfer of personal data to third countries are available in form of so-called standard contractual clauses, but still conditions for transfer of personal data from Europe to the US are hard to comply with. Apart from entering into an inter partes agreement on use of standard contractual clauses with the crowdfunding platform provider, a European fundraiser must furthermore make a so-called "transfer impact assessment" to ensure that third party access to personal data is avoided. In the case of transfer of personal data from the EU to the US the fundraiser must consider using encryption of data as a "supplementary measure" to block third party access. Encryption of data is however not suitable for exchange of data in a dynamic crowdfunding campaign so other means for protection of data must be found and applied.
The reason and explanation for making data transfers from the EU to the US that hard for e.g., fundraisers are thus to be found at interstate level in the relation between the EU and the US. According to EU law, more specifically the GDPR and several of the provision of the Charter of Fundamental Rights of the European Union, US security legislation authorises a disproportionate access for US intelligence services to citizens' personal data. A solution on manageable transfer of personal data from the EU to the US may be found before the end of 2022, since a new TADP (Trans-Atlantic Data Privacy Framework) is currently being negotiated between EU and US at top politician level. However, the implementation of the TADP may take som time since the EU legislative framework needs adjustments to make the new transfer possibilities operational.
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Krupchan, Alexander, and Alexander Gaydulin. "Europeanization of private law as a hermeneutic and civilistics problem: an approach to the interpretation law institutionalization." Legal Ukraine, no. 11 (November 29, 2019): 21–30. http://dx.doi.org/10.37749/2308-9636-2019-11(203)-3.
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The article deals with the problems of the civilistic institutionalization of the interpretation law in the context of the Europeanization of private law. The basis of this study is the application of civilistic methods to investigate this problem. This article deals with the comprehensive study of the legal integration of the private law systems of the EU Member States and other European countries. In Comparative Law, this process is called Europeanization of private law. This is a broad topic that raises many questions. The issue of Europeazation of private law is an extremely multi-faceted problem. The current economic crisis is a challenge for the Europeanization of private law. There is a need to exchange experience in interpreting the concept of European Private Law after the 2016 Brexit referendumand to propose a common way of a coherent Europeanization policy strategy on this basis. In this context, Europeanization can be defined equally simply and broadly as a type regional international integration. However, this meaning is not so simple. Suddenly, after the 2016 Brexit, EU self-identification with all Europe is destroyed by one act. All this happened because level of European Union identification was very excessive. European academic lawyers spoke about it previously. In particular, it was stressed that they do not subscribe to the overly European Union-centric notion «Europe» that the term «Europeanization» implies. However, they went along with the widely used term «Europeanization», while noting its obvious inaccuracy. The «extremist wing of the Europeanization brigade» have tended to view the European states as little more than passive recipients duly implementing dictate of Brussels. Now Europeanization of private law for all EU member states should be understood as the «EU-ization», but it should take the form of a legal harmonization too. Europeanization of private law for all States, including Ukraine, should be interpreted as the legal cultural process or the common base of the harmonization of laws. And for this purpose academic lawyers should use this term as referring to the cross-culture comparing of legal paradigms at the domestic level. These paradigms could be the keys for understanding the legal convergence problem. They go to the very heart of the national (domestic) legal systems in Europe. Under these conditions, the concept of codification of private law in the form of a European civil code is hopelessly outdated. More promising is the way to approximate the mechanisms of legal interpretation. Indeed, there are all indications of the formation of a new civilistic institute, called the right of interpretation. This institute comes from ancient Roman ius interpretatio. That is why this modern institutionalization is a reception of Roman law interpretation. The article concludes that a coherent methodology is needed to clarify the process of institutionalizing the law interpretation. Therefore, there is a need to develop a new type of doctrine – the civilistic theory of law of interpretation. Key words: European private law, Europeazation of private law, law of interpretation, doctrine, civilistic methodology.
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Jashari, Ruzhdi. "Protection of Personal Data Requirement of Modern Times for the Functioning of the Security, Individual Freedoms and the Rule of Law." European Journal of Multidisciplinary Studies 5, no. 1 (May 19, 2017): 299. http://dx.doi.org/10.26417/ejms.v5i1.p299-305.
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Rule of law, human rights, freedoms, and security; are the three main pillars to the new trend of global developments, especially in the development of democratic values, where the protection of individual freedoms is among the fundamental principles that have data protection as the center point. In the years 2015-2016 we have seen the major cases of confrontation regarding the wiretapping to that point as the intervention even in the system of the "US election campaign by the Russian hackers", then sending of Macedonia to the "early elections, due to the extraction and publication of wiretaps by Zaev", the review of the "Safe Harbor" Agreement, of the EU and the US regarding the transfer of personal data during free "transatlantic" trade among EU and USA, etc. In this time of globalization, and developments of major movements is been said: "no home", "no time", "no limit", by digitized devices and social networks, privacy of the individual is excessively violated through abuse of personal data, personal security is violated and security of the systems vital to society. Therefore, this way, the national security of a country is been violated and endangered as well. Therefore, the development of institutions for protection of personal data, their independence and empowerment are of particular importance due to the vital interests of the country; where security, justice and freedom have a leading role in the development of a free and democratic society, where the individual human rights and freedoms, have a main place in modern developments of our time, in the society with the rule of law and the diversity of values. Freedoms and human rights, data and privacy protection; according to the European Convention of freedoms and human rights and the 108 Convention of the protection of personal data in automated processing, even though Kosovo has still not signed them. These rights are guaranteed by the constitution. On May 26, 2018 New Rules for the Protection of Personal Data of the EC and the European Union, will be no binding power for all EU countries. The entire legal measures of protection of personal data of the new Rules of PPD, should be forwarded to legislation interior PPD of EU member states and the EC and those who are already signatories to Convention 108 of PPD during the automatic processing of personal data. Among other things, we will give our assessments in question, where Kosovo really stands in this direction, with its commitment and aspirations for integration into European institutions and mechanisms.
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Nicole Wassenberg. "Transatlantic Trade and Investment Partnership (TTIP): The Possible Impact on the European Union and North America." Journal of Advance Research in Business Management and Accounting (ISSN: 2456-3544) 2, no. 8 (August 31, 2016): 01–08. http://dx.doi.org/10.53555/nnbma.v2i8.92.
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The Transatlantic Trade and Investment Partnership (TTIP) is projected high-standard and inclusive free trade agreement which is being conversed between the United States (US) and European Union (EU). Transatlantic Trade and Investment Partnership is a chain of trade negotiations operating between EU and US. The TTIP is mainly about decreasing the regulatory obstacles to trade to open up a way for bigger businesses such as environmental legislation, food safety, sovereign powers of the individual nations and also banking regulations. The US and EU are two of the most integrated countries when it comes to economy globally. It is as a result of their trade in services, investments and the high commercial presence in each other's financial prudence. These two regions support each other when it comes to the economy, and that's why they are good trading partners in products and services. The EU and U.S trade and investment partnership which is sometimes referred to as transatlantic economy has a significant global relationship and creates a mutually beneficial understanding between the two states (Hoekman and Kostecki, 2009). The TTIP is one of the largest trade and investment partnership in the world and also the most significant because of its absolute size. It has many for example the European Union has 28 member states which include: Bulgaria, Cyprus, Belgium, Austria, Czech Republic, Estonia, Germany, Denmark, Finland. Greece, Ireland, Hungary, Italy, Netherlands, Poland, Slovenia, Lithuania, Romania, Spain, Latvia, Sweden, Portugal and United Kingdom are also part of the partnership. The initial negotiations on TTIP which was to become the first largest bilateral free trade and investment partnership agreement were earlier supported by a paramount and independent study of the Center for Economic Policy Research (CEPR). The study by CEPR was called Reduction of the Transatlantic Barriers to Trade and investment. The negotiations were mainly to provide independent advice to the two negotiators based on the additional research. Despite, TTIP being one of the largest trade and investment partnership, it has created both negative and positive impacts on the two states. There are benefits t being enjoyed by the member states such as job creation and home growth. The EU depends on the US exports; they can get investments from the US and also import the goods and services they require (Khanna, Palepu, and Sinha, 2005). Other positive impacts of the TTIP includes; upholding and promoting human rights, governing in a transparent manner that can hold to account individuals in authority and also has markets that can be open to free and reasonable competition and is well-regulated market areas. TTIP also protects the people and the planet through their international rules. For example, the rules look at everyone's health, their condition at workplaces, the endangered species around them and the entire environment. There are also challenges that have come out from TTIP in the field of politics and economics, poor labor standards, workers' rights and security of their workplaces, democracy, and state authority. Foreign shareholder protection, public health and the environment as a whole, health care, consumer safety and food security, climate change and environment protection, banking regulation and privacy and many others. Some competitors challenge the TTIP on slowness in services than in goods leading to difficulty in opening markets in service areas.
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Varneva, M. "DEMOGRAPHIC CHARACTERISTICS, PROFESSIONAL STATUS AND QUALIFICATION OF DENTAL TECHNICIANS IN BULGARIA." National Association of Scientists 2, no. 68 (July 1, 2021): 14–19. http://dx.doi.org/10.31618/nas.2413-5291.2021.2.68.452.
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The profession of "dental technician" appeared relatively late. The first dental technicians were trained by dentists and worked for them. Gradually, they separated as master owners of the studios and began to hire and train apprentices and journeymen. This time has long been forgotten. After 1997, a dental technician became a person who acquired the right to practice the profession after three years of college education.
At the end of the 19th and the beginning of the 20th century, the profession began with private initiative, passed through state and municipal ownership of dental laboratories, in order to return, for the most part, back to private initiative. Our goal is to study and present demographic characteristics, professional status and qualifications of practitioners in the specialty. To achieve this goal, we studied literature sources, regulations and conducted a sociological survey involving 360 dental technicians. The respondents are from 25 regional colleges of the Bulgarian Association of Dental Technicians, from which we received permission to hold it. We found that the class is relatively aging, which is in line with the demographic problems in our country and in the countries of the European Union. The profession is dominated by men, managers of dental laboratories, who for the most part are registered as Independent Medical and Technical Laboratories. A relatively large number of dental technicians periodically attend postgraduate courses to meet the ever-increasing demands of dentists and patients.
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van Kampen, Catherine, Elizabeth M. Zechenter, Sophia Murashkovsky Romma, and Robert Jeffrey Powell. "A Survey of Immigration Models and Refugee Protection Schemes and their Consequences: The Case of Ukrainian Refugees." Journal of Human Trafficking, Enslavement and Conflict-Related Sexual Violence 3, no. 2 (December 22, 2022): 141–97. http://dx.doi.org/10.7590/266644722x16710255213792.
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After its illegal occupation and annexation of Crimea in 2014 and continued military support for separatists in the Donbas, Russia escalated its war against Ukraine in February 2022 with direct ground attacks by Russian military forces on Ukraine's eastern, northern and southern borders, a blockade of Ukraine's coast and aerial attacks throughout the country. Millions of Ukrainians fled, including thousands of international students residing in Ukraine. Countries around the world responded to the resulting refugee crisis with varying policies. Many of Ukraine's neighboring countries enacted model immigration laws and developed various support schemes. Some governments, such as in Poland and the European Union (EU), immediately granted Ukrainian refugees the right to live, work, obtain access to education and receive benefits comparable to those to which their own citizens are entitled and created a generous and protective immigration model that attempts to prevent human trafficking and other forms of exploitation. Other countries geographically removed from the conflict used different models, including some with a private sponsorship component that, despite the best of intentions, may in retrospect be exposing refugees to the dangers of human trafficking and exploitation.<br/> Ukrainian refugees – also referred to as internally displaced persons (IDPs) if still remaining in Ukraine or as parolees if attempting to enter the United States (US) – seeking entry into the United Kingdom (UK) or US are required to find a private sponsor who accepts financial responsibility for them during their stay in their host country. In the UK, private sponsors are paid a monthly stipend, while in the US, private sponsors are not paid but actually contract with the US government to be financially responsible for the persons whom they are sponsoring. By contrast, Ukraine's neighbors, including Poland, with notably less economic and fiscal resources than either the UK or the US, have no private sponsorship requirement.<br/> Since the collapse of the Soviet Union in 1991, Ukrainians have been a vulnerable population subjected to human trafficking – a situation exacerbated by Russia's current war against their country. In the first weeks of the war, credible firsthand and in-real-time reports by Ukrainian- and Russian-speaking attorneys and human rights advocates quickly emerged that describe Ukrainian women refugees utilizing online dating platforms, social media sites and online chat rooms to find private sponsors in the UK and the US. While this government policy requiring private sponsorship appeared to be a prudent means for vetting refugees, burden-sharing and shifting the hosting costs away from taxpayers and governments' ledgers, the policy has unintended consequences. Refugee and human trafficking experts state that the private sponsorship requirement compels Ukrainian refugees, 90-plus percent of whom are women and children, to 'market' themselves – often online – to potential private sponsors in the UK and US, thereby exposing themselves to human traffickers. This policy has potentially – albeit unintentionally – increased, exacerbated and even facilitated the human trafficking of Ukrainian refugees, an already vulnerable population experiencing a precariously heightened risk for physical, sexual and economic exploitation due to their growing desperation for physical safety.<br/> This article, written from the practitioners' perspective, discusses how the private sponsorship requirement for Ukrainian refugees is potentially increasing the risk of human trafficking for an already at-risk population, unnecessarily jeopardizing their safety and further stripping them of their human dignity. The unintended consequences of private sponsorship demonstrate that such a requirement in a wartime scenario is ill-conceived, inappropriate and dangerous public policy and, dare it be said, potentially exploitative.
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Kaivo-oja, Jari Roy Lee, and Jari Stenvall. "A Critical Reassessment: The European Cloud University Platform and New Challenges of the Quartet Helix Collaboration in the European University System." European Integration Studies 1, no. 16 (September 6, 2022): 9–23. http://dx.doi.org/10.5755/j01.eis.1.16.31353.
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The European Commission has presented how it intends to give Europe a lead in the data-driven economy by enabling cloud-based services and world-class infrastructures for industry, scientists, and public services. In 2011 we discussed and proposed the cloud university platform for the European Union in the European Integration Studies. The purpose of the study is to deliver a critical reassessment of the European Cloud University Platform. Today a new European Open Science Cloud (EOSC) will offer Europe's 1.7 million researchers and 70 million science and technology professionals a virtual environment to store, share and re-use the large volumes of information generated by the big data revolution. The EOSC will be underpinned by the European Data Infrastructure, deploying the high-bandwidth networks and super-computer capacity necessary to effectively access and process large datasets stored in the cloud. There is also a target to build a single market for the Internet of Things: with the right standards for interoperability, and open cross-sector platforms for IoT devices and services to connect seamlessly, and scale-up, up anywhere in the EU. Our assessment is focused on the European Open Science Cloud (EOSC) and its operational functioning and implementation process. The study is based on conventional assessment methods and tools. The methodology is a mostly mixed methodology (with both qualitative and quantitative data analytics) and it pays attention to argumentation logic and actual policy planning process and operational implementation of the EOSC. The role of Research Infrastructures (RIs), as well as cross-border innovation management approach are emphasized in recent transnational European research and innovation policy. Support for RIs form important pillars in the Horizon 2020-framework, as well as in the Horizon Europe-framework based on the idea that modern science requires unique global competitive capabilities, which individual institutions, or even individual European countries, often cannot provide by themselves. There are very good reasons to perform a critical assessment, because according to the European Cloud Initiative, over the coming 5 years, the European Commission will put forward proposals to meet the €4.7 billion investment need to integrate and consolidate data infrastructure. These vital proposals will bring together the EU and other sources, including Member States and private investments. By 2017, all scientific data produced by projects under the €77 billion within the Horizon 2020 research and innovation programme will become open by default to ensure that the scientific community can re-use the enormous amount of data they generate. This change is not marginal and needs more reflective discussions. The primary database of reassessment is the documents of the European Open Science Cloud (EOSC) and (1) associated European Commission work programme (overview of institution-wide deliverables), (2) the strategic plan (department strategy, objectives for 2016-2020) and (3) other EU management plans and scientific discussion associated with platform economy research. These EU documents were published after our original EIS article. The key results of critical reassessment are: (1) There are concrete needs to strengthen links between the European Open Science Cloud, Industry 4.0 strategy and Industry 4.0 Curriculum in Europe, (2) the concept of platform needs more discussion in the future developments of the European Open Science Cloud (EOSC), (3) country-level university and research community participation in the EOSC requires more discussion and more updated operational implementation plans and programs, and (4) there is need to plan symbiotic digitalized innovation eco-system policy and economic growth policy framework for the European Union. We summarise our critical reassessment with a critical note that there are big integration challenges of the European Open Science Cloud. Keywords: European Open Science Cloud, Big Data, Industry 4.0, Higher education, European integration, Digitalization, Platform economy, Open science policy, Open innovation paradigm, Collaboration framework of European universities, Data governance, Digital platforms, Data infrastructure, European data politics, Data policy
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Ryszka, Joanna. "Attempts for Common Understanding of the Concept of Worker as a Consequence of Globalisation?" Studies in Logic, Grammar and Rhetoric 52, no. 1 (December 1, 2017): 207–27. http://dx.doi.org/10.1515/slgr-2017-0052.
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Abstract Globalisation may concern many different issues, among others, the increase in migration that creates opportunities for all. There should be no doubt that globalisation can bring both positive and negative effects to workers. It can be seen as new opportunities for people, because they can travel, work, learn and live in different countries. Simultaneously however it can be perceived as synonymous to job losses, social injustice, or low environmental, health, and privacy standards. As a result of globalisation, the world is becoming more and more complex and the economic importance of state borders is reduced. It should therefore not raise doubts, that global problems require the capacity to agree on coordinated global responses and mechanisms on the basis of international cooperation. Among the basic international organisations which provide solutions for workers who have decided to look for a job in another country, one can generally mention the International Labour Organisation (ILO), the Council of Europe, and the European Union (EU). There is quite a large number of legal acts created in the framework of those organisations, and so we should ask a question if in such a situation we should also try to understand some legal concepts; in our case concepts connected with taking up employment, in a similar way. Even if the answer is positive, another question comes to mind – is it possible to have such definitions in a global world? It is thus not enough to provide legal regulations concerning worker’s rights and obligations if we do not know who exactly should be treated like a worker. The following article will try to answer those questions and simultaneously try to show that globalisation may affect the way certain terms should be understood.
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Hashim, Normawati, and Abd Shukor Mohd Yunus. "Right to Privacy and Malaysian Practice: A Step Further in Recognising another Aspect of Human Rights." Environment-Behaviour Proceedings Journal 5, SI3 (December 28, 2020): 289–95. http://dx.doi.org/10.21834/ebpj.v5isi3.2570.
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Privacy is an individual right that is fundamental to protect the dignity of a person, especially in the technological era. Currently, privacy is not part of human right under the Malaysian Federal Constitution. Conversely, European Union, South Africa, Hong Kong, and India were advance in the recognition. This is qualitative research analysing the need to move forward in recognising privacy as part of human right with reference to the practice of the European Union, South Africa, Hong Kong, and India. The outcome of the study is proposing a legal framework recognising privacy as a basic human right in Malaysia Keywords: privacy; human rights; fundamental liberties; external intrusion eISSN: 2398-4287© 2020. The Authors. Published for AMER ABRA cE-Bsby e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v5iSI3.2570
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Myers, Cayce. "Digital Immortality vs. “The Right to be Forgotten”: A Comparison of U.S. and E.U. Laws Concerning Social Media Privacy." Romanian Journal of Communication and Public Relations 16, no. 3 (April 24, 2016): 47. http://dx.doi.org/10.21018/rjcpr.2014.3.175.
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This paper examines the contrast between United States and European Union laws concerning social media users’ right to remove their online presence permanently. Currently, the United States and European Union represent two distinct approaches to the right of individuals to permanently remove personal content from social media. U.S. law favors social media companies keeping profile content within the digital sphere even when that person no longer wants it there. The European Union’s approach social media privacy gives users more rights to remove themselves entirely from social media permanently (General Data Protection Regulation, Article 17, 2012). Using Myres McDougal’s (1959) legal theory of international laws’ effect on national policy, this legal study examines the social media privacy laws of the United States and European Union concerning user control of personal content. From this analysis, future implications of this international conflict, specifically the legal delineation of public and private spheres in the 21st Century, are suggested.
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Razmetaeva, Yulia. "The Right to Be Forgotten in the European Perspective." TalTech Journal of European Studies 10, no. 1 (June 1, 2020): 58–76. http://dx.doi.org/10.1515/bjes-2020-0004.
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Abstract The article focuses on the right to be forgotten, which is at the center of changes in the concept of human rights in the digital age. The origins of the right to be forgotten in European legal doctrine and judicial practice, as well as its relationship with autonomy and identity, are analyzed. The article also examines the significance of the new understanding of “time” and “data” for the adoption of this right, considering the influence of two key cases of the Court of Justice of the European Union, such as Google v. Spain [2014] and Google v. CNIL [2019] on the concept of the right to be forgotten. The place of this right, its connection with privacy and European data protection law is debated. The article focuses on jurisdictional issues, paying particular attention to both the right to be forgotten and the understanding of the relationship between privacy a nd freedom of expression in the European Union and the United States, and possible jurisdictional disputes around the world. The article also addresses the issue of balancing rights and legitimate interests, as well as the proportionality for applying the right to be forgotten, both in the European and global contexts.
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Dukhnevych, Andrii V., Nataliia V. Karpinska, and Iryna V. Novosad. "Phytosanitary examination: Ukraine experience and international standards." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (June 25, 2021): 262–68. http://dx.doi.org/10.37635/jnalsu.28(2).2021.262-268.
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The article explores Ukraine’s experience in conducting phytosanitary expertise based on international standards. It was stated that Ukraine should develop a series of draft in national legislation in the field of quarantine and plant protection, which would be adapted to the legislation of the European Union and at the same time meet the requirements of the International Plant Protection Convention. In this area, Ukraine has already partially implemented some structural reforms in the phytosanitary sector, but these processes require continued state support and encouragement, international coordination that will facilitate the development of agriculture in general. Such coordination can be undertaken primarily in the framework of international universal organisations within the UN system, in particular within FAO. It has been emphasised that Law of Ukraine No. 2501-VIII “On Amendments to Certain Legislative Acts of Ukraine on Regulation of Some Phytosanitary Procedures” came into force on February 2, 2019. Among the innovations are the granting of the right to carry out expert examination to private laboratories, new terms in the field of plant quarantine and the creation of the Register of Phytosanitary Certificates issued. It has been concluded that Ukraine is currently actively applying international standards, participating in their development and registering official translations of international standards for phytosanitary measures. Developing national and applying international standards, as a key factor in creating a quality system in the field of plant quarantine, not only ensure full fulfilment by Ukraine of its obligations under the IPPC and SPS, agreeing on the phytosanitary safety of exported quarantine cargoes, but also increase the competitiveness of the domestic vegetal products in the world market. This creates a positive image of Ukraine as a reliable trading partner that does not violate the requirements of other countries and guarantees the conformity of product quality, phytosanitary procedures to internationally recognised standards. Therefore, for qualified phytosanitary examinations, the mechanism of guaranteeing compliance with national and international standards, amending legislation, introducing effective penalties for violation of the rules and procedure for conducting phytosanitary examinations should be a promising area
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McDermott, Yvonne. "Conceptualising the right to data protection in an era of Big Data." Big Data & Society 4, no. 1 (January 1, 2017): 205395171668699. http://dx.doi.org/10.1177/2053951716686994.
Full textAbstract:
In 2009, with the enactment of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union entered into force. Under Article 8 of the Charter, for the first time, a stand-alone fundamental right to data protection was declared. The creation of this right, standing as a distinct right to the right to privacy, is undoubtedly significant, and it is unique to the European legal order, being absent from other international human rights instruments. This commentary examines the parameters of this new right to data protection, asking what are the principles underpinning the right. It argues that the right reflects some key values inherent in the European legal order, namely: privacy, transparency, autonomy and nondiscrimination. It also analyses some of the challenges in implementing this right in an era of ubiquitous veillance practices and Big Data.
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Milenković, Jelena. "The right to privacy under Article 8 of the European Convention of Human Rights and legality of epidemiological monitoring measures to combat the Covid-19 virus pandemic." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 303–20. http://dx.doi.org/10.5937/zrpfn0-28305.
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In this paper, the author analyzes the protection of the right to privacy under Article 8 of the European Convention on Human Rights (ECHR) at the time of the Covid-19 virus pandemic. At the beginning of the pandemic, European countries had a large number of infected people and some countries encountered a collapse of their health systems. As the situation was beyond control, it raises the question whether such a situation was caused by the non-implementation of epidemiological monitoring measures, which is comparable to the extent and manner of implementing these measures in the Far East; namely, the question is whether the democratic system remained unprotected due to the EU countries' observance of democratic human rights standards, specifically the right to privacy. Given that epidemiological monitoring measures are currently the most important instrument for combating the Covid-19 virus pandemic, European countries have to fulfill the condition of legality in implementing these measures, which interfere with the citizens' right to privacy. In that context, the author explores the case law of the European Court of Human Rights (ECtHR), which ensures judicial protection of the rights guaranteed by the Convention (including the right to private life), focuses on the definition of the concept of the right to privacy, and examines whether epidemiological monitoring measures fall into the corpus of privacy rights. Relying on a detailed analysis of the ECtHR case law, the author points to the specific requirements that must be met in order for the epidemiological monitoring measures to be considered legal.
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Grumstrup, Ethan J., Todd Sorensen, Jan Misiuna, and Marta Pachoka. "Immigration and Voting Patterns in the European Union." Migration Letters 18, no. 5 (September 30, 2021): 573–89. http://dx.doi.org/10.33182/ml.v18i5.943.
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Tempers flared in Europe in response to the 2015 European Refugee Crisis, prompting some countries to totally close their borders to asylum seekers. This was seen to have fueled anti-immigrant sentiment, which grew in Europe along with the support for far-right political parties that had previously languished. This sparked a flurry of research into the relationship between immigration and far-right voting, which has found mixed and nuanced evidence of immigration increasing far-right support in some cases, while decreasing support in others. To provide more evidence to this unsettled debate in the empirical literature, we use data from over 400 European parties to systematically select cases of individual countries. We augment this with a cross-country quantitative study. Our analysis finds little evidence that immigrant populations are related to changes in voting for the right. Our finding gives evidence that factors other than immigration are the true cause of rises in right-wing voting.
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Chub, E. S. "The right to be forgotten: A new human right?" Digital Law Journal 3, no. 4 (December 30, 2022): 89–106. http://dx.doi.org/10.38044/2686-9136-2022-3-4-89-106.
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The article analyzes the need to establish the “right to be forgotten” as a new human right in the context of the correlation with the right to privacy. Its legislative development and global application call into question the relationship between private and public interests. The issue includes protection of an individual’s privacy, on the one hand, and freedom of information and expression on the other. In this context, the purpose of the study is to identify an approach to enshrine the “right to be forgotten” in a way that strikes an optimal balance of interests.Exploring the evolution of the “right to be forgotten” and the problems of its enforcement, as well as its impact on free access to information and freedom of expression, the author examines the current state of this institution. As the “right to be forgotten” originally appeared in the European Union, the article examines legislation and law enforcement practice of the “right to be forgotten” in the Russian Federation and the European Union, which leads to the conclusion that the “right to be forgotten” should be considered as an independent category in the current Russian legislation. It is proposed to supplement item 1 clause 10.3 of Federal Law “On Information, Information Technology and Information Security” with a provision that the operator of a search engine has the right to refuse to satisfy requests to remove references in cases where the information is of public interest.
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Mendzhul, M. V. "Progress towards equality in the practice of the ECTHR and the partnership agreement in de facto alliances." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 171–75. http://dx.doi.org/10.24144/2307-3322.2021.66.45.
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The article examines the progress towards equality in the practice of the ECtHR and its significant impact on the partnership agreement in de facto alliances. It has been established that over the last thirty-five years, the approaches of the European Court of Human Rights to the issue of the right of same-sex partners to family life and its formal recognition have undergone significant changes. It was found that the issue of discrimination was the subject of a number of cases concerning various rights of homosexual unions.
It is substantiated that in the aspect of the right to formal recognition of same-sex partnerships by the state, the decision of the European Court of Human Rights in the case “Oliari and others v. Italy ». It was found that despite many years of case law of the European Court of Human Rights and the provisions of Council Regulation № 2016/1104, not all EU countries have provided legal certainty for same-sex couples, even in the form of civil partnerships (namely, Slovakia, Poland, Romania, Bulgaria, Latvia and Lithuania).
The French experience of regulating the procedure for concluding, essential conditions of a partnership agreement, as well as the procedure for its termination is studied.
It is substantiated that taking into account the European integration processes in Ukraine, reforming its private law according to European standards, our state, given the principle of equality and positive obligations under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms should guarantee partners in de facto unions sex legal certainty. In our opinion, it is optimal to amend the Central Committee of Ukraine and grant the right to conclude civil partnership agreements to persons regardless of the article. At the same time, the IC of Ukraine must maintain a heteronomous approach, ie guarantee the right to marry persons of the opposite sex, which fully complies with Art. 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Given that a partnership agreement can be an effective legal regulator of relations between individuals in de facto unions, it is worth borrowing the positive experience of France in improving Ukrainian legislation.
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VAN ZEBEN, Josephine, and Bart A. KAMPHORST. "Tracking and Nudging through Smartphone Apps: Public Health and Decisional Privacy in a European Health Union." European Journal of Risk Regulation 11, no. 4 (November 16, 2020): 831–40. http://dx.doi.org/10.1017/err.2020.100.
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In response to the SARS-CoV-2 pandemic, European Union (EU) Member States adopted technological solutions aimed at mitigating the effects of the virus, as well as enforcing newly adopted public health measures. Examples include apps for disseminating information, performing self-diagnosis, enforcing home quarantine orders and aiding contact tracing. This extensive use of technology for tracking and promoting public health raises important questions regarding EU citizens’ privacy. Thus far, the discourse in this regard has predominantly revolved around data protection, the risk of surveillance and the right to control access over one’s personal information (informational privacy). In light of the push towards a more unified approach to mitigating the current pandemic and future health crises through a European Health Union (EHU), we consider a different dimension of privacy that may be at risk when employing technology for public health, namely the right to non-interference with one’s decisions (decisional privacy). In particular, this article focuses on whether the advances in health-related persuasive technology, together with a more general movement towards “nudging” as an individual and public health tool, will require EU legislation to further protect decisional privacy by regulating “hypernudging” technologies and to guide the EHU in coordinating public health measures that utilise these technologies in a privacy-preserving way.
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Economou, Athina, and Christos Kollias. "Terrorism and Political Self-Placement in European Union Countries." Peace Economics, Peace Science and Public Policy 21, no. 2 (April 1, 2015): 217–38. http://dx.doi.org/10.1515/peps-2014-0036.
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AbstractStudies have shown that citizens’ risk-perceptions and risk-assessment are affected by large scale terrorist acts. Reported evidence shows that individuals are often willing to trade-off civil liberties for enhanced security particularly as a post-terrorist attack reaction as well as adopting more conservative views. Within this strand of the literature, this paper examines whether terrorism and in particular mass-casualty terrorist attacks affect citizens’ political self-placement on the left-right scale of the political spectrum. To this effect the Eurobarometer surveys for 12 European Union countries are utilized and ordered logit models are employed for the period 1985–2010 with over 230,000 observations used in the estimations. On balance, the findings reported herein seem to be pointing to a shift in respondents’ self-positioning towards the right of the political spectrum.
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Smirnova, Ya V. "Ensuring the Right to Privacy in Biometric Data Processing in the European Union." Actual Problems of Russian Law 17, no. 10 (September 22, 2022): 183–92. http://dx.doi.org/10.17803/1994-1471.2022.143.10.183-192.
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The paper analyzes the current legal norms regulating the processing of biometric data of citizens at the level of the European Union. Particular attention is given to the study of the list of conditions for the processing of special categories of personal data, established by the EU General Data Protection Regulation (GDPR). The paper notes the problems of downplaying in the GDPR the role of the consent of the subject to the processing of special categories of personal data, as well as the clear advantage of the public interest (security of society and the state) over the individual’s right to privacy. The practice of the ECHR and the EU Court of Justice on the issue under study is analyzed. The author draws a conclusion about conflicts that arise as a result of the right granted to Member States to additionally adopt at the national level their own rules for processing special categories of personal data. Practical measures are proposed to improve the legal regulation of the processing of biometric data in order to establish a balance between the private interests of citizens and the public interests of society and the state.