Dissertations / Theses on the topic 'Privacy, Right of Taiwan'
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Tao, Ran. "The Right to Privacy." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/scripps_theses/1338.
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Contemporary debates about the right to privacy were inaugurated by Samuel Warren and Louis Brandeis’ article on the topic. While Warren and Brandeis understand the right to privacy as a stand-alone right, J. J. Thomson interprets it as a cluster of rights that itself intersects with other rights. Despite such disagreement, both accounts point to a deep connection between property rights and one’s right to herself. A close examination of the Lockean and Kantian concepts of property confirms this. In particular, Arthur Ripstein’s Kantian account of innate right and property rights suggests that property rights are derived from the innate right one has in herself. Building on this account, I suggest that one’s innate right and property rights grant one the exclusive control to herself and to her property. Such exclusive control can be conceptualized as the basis for one’s privileged space, any unauthorized access to which and any unauthorized use of what lies within which constitute violation of one’s right to privacy.
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Lander, Angelina M. "Privacy, surveillance and the state a comparison of U.S. and British privacy rights /." Orlando, Fla. : University of Central Florida, 2009. http://purl.fcla.edu/fcla/etd/CFE0002772.
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Wolfson, Susan Ann. "The right to privacy and education." Thesis, University College London (University of London), 1989. http://discovery.ucl.ac.uk/10019704/.
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Gibb, Susan Jennifer. "Privacy and Australian law." Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phg4372.pdf.
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Al-Rawashdeh, Sami H. "Is privacy brought home? : criminal justice and the right to privacy." Thesis, University of Aberdeen, 2003. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU176274.
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This thesis is concerned with protection of the right to privacy in the English and Scottish criminal justice systems. The aim of this research is to consider the extent to which privacy has been recognised in both criminal justice systems. It analyses the extent to which the right to privacy is protected by the substantive criminal law of those jurisdictions, as well as in their criminal procedural law. A part of the examination will address the question of whether there should be a criminal offence of violating the privacy of another. The thesis is mainly devoted to addressing whether the right to respect for private life has a place within criminal justice theory and practice. The protection of privacy in the criminal justice system is the predominant subject of this thesis for two main reasons. First, this is an important topic that has been neglected. Prior to this thesis no one had yet addressed this topic at any length as a distinct subject. The protection of privacy in the criminal justice system and the use of substantive criminal law to enforce the privacy rights of victims have received minimal attention in the English jurisprudence. No comprehensive legal and theoretical analysis of the topic could be found in English or Scottish law. Therefore, this topic was crying out for new insights and perspectives. Secondly, the Human Rights Act 1998 incorporates into the UK law certain rights and freedoms set out in the European Convention on Human Rights, including the right to respect for private life enshrined by Article 8. The aim of the Act is to "bring rights home" and give further effect to rights and freedoms guaranteed under the European Convention. The Act requires all public authorities to act in a way which is compatible with the Convention rights. Since the incorporation of the European Convention on Human Rights into United Kingdom law, it is particularly appropriate to ask whether English and Scottish criminal lawyers need to add privacy to their essential lexicon. The Human Rights Act 1998 could be expected to have a profound impact on the right to privacy within the criminal justice system. The European Convention obliges the Contracting States to bring their criminal justice systems into line with the European Convention requirements to protect the fundamental human rights in it. The thesis has the following objectives. First, to address the extent to which the right to privacy is protected by the substantive criminal law and whether privacy rights have been respected in criminal procedure laws. Secondly, to highlight the impact of the Human Rights Act of 1998 on the right to privacy in the criminal justice arena. This thesis shows that although right to privacy has been recognised by the European Convention and incorporated by the Human Rights Act 1998, the criminal justice systems in England and Scotland display little respect for privacy rights. In other words, this study has demonstrated that, as far as privacy is concerned, it is misleading and inaccurate to say that rights have been brought home.
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Mitroff, Melanie. "Privacy : a constitutional right that threatens democracy /." Lynchburg, VA : Liberty University, 2007. http://digitalcommons.liberty.edu.
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Heite, Martin. "Privacy, Constitutions and the Law of Torts: a Comparative and Theoretical Analysis of Protecting Personal Information Against Dissemination in New Zealand, the UK and the USA." University of Canterbury. Law, 2008. http://hdl.handle.net/10092/2955.
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The New Zealand Court of Appeal has recently acknowledged the existence of a freestanding tort of invasion of privacy in Hosking v Runting. The tort is in its infancy and the courts are still grappling with essential problems, the most prominent of which is the conflict with countervailing interests in freedom of speech. In need of guidance, the courts turn to overseas authorities, predominantly from the United Kingdom and the United States of America. The commonly found descriptive nature of the comparison invites a broader analysis of these jurisdictions. In this thesis, I offer a theoretically informed comparative law analysis of New Zealand's new tort with the American public disclosure of private facts tort and the British extended breach of confidence action. In all three jurisdictions, the conflict of privacy with individual and societal concerns in freedom of speech has led to an exten-sion of (quasi-) constitutional norms derived, for instance, from the New Zealand Bill of Rights Act 1990 into the common law sphere – the horizontal effect. The horizontal application of constitutional rights poses significant legal problems to the common law, because it has learned to deal with duties rather than rights. The time has come to re-consider the nature of rights in both constitutional and tort law. The comparison shows that New Zealand has effectively adopted two torts – one following the duty-based lead of the United States of America and an alternative modelled along the lines of the more rights-orientated British law. The law of the United Kingdom and the USA differ to a degree that calls their comparability into question. I present the preferable British ap-proach as a 'constitutionalised common law tort of privacy.' The results also show that this model represents a competitive third way to traditional solutions based on common law or statute by means of utilising a statutory human rights instrument as an analytical framework for the common law.
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Johnson, Virginia Wilson. "Architectural correlates of privacy : the dynamics of privacy regulation /." Diss., This resource online, 1990. http://scholar.lib.vt.edu/theses/available/etd-07132007-143142/.
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Marasinghe, S. C. "A child's right to privacy in international law." Thesis, University of Oxford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.413108.
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Skahill, Tina M. "Striking the right balance : fusion centers and privacy." Thesis, Monterey, California. Naval Postgraduate School, 2010. http://hdl.handle.net/10945/5243.
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CHDS State/LocalApproved for public release; distribution is unlimited
After the events of 9/11, the number of fusion centers rapidly multiplied. As a result, state and local agencies that operated the centers adopted a myriad of policies. This thesis seeks to answer how fusion centers can implement policies as to operational structure and transparency that simultaneously safeguard against abuse of citizens' privacy while facilitating the collection, maintenance, and dissemination of information. Two methods of research are utilized: policy analysis and policy options analysis. This thesis examines existing federal guidelines, federal case law, and various federal statutes and regulations. Moreover, the thesis explores three policy options as possible decision-making tools for fusion centers: 1) mandatory federal guidelines, 2) imposition of a balancing test and administrative review process, and 3) a compulsory reasonable-suspicion requirement. In the end, this thesis recommends imposition of all three policies.
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Dayan, Michael Oved. "Privacy boundaries : stories of protecting personal autonomy in the information age." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=85147.
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In 1890, lawyers Samuel Warren and Louis Brandeis conceived of a "sacred" right, the right to "be let alone." They argued for this right as a measure of "retreat from the world" for protection of an individual's "inviolate personality." Their argument was born in response to intrusions made possible with technological developments in printing and photography. For over a 100-year period, the concept of privacy has received attention from a multi-disciplinary collection of scholars. Despite this significant attention, however, relatively little consideration has been paid to conceptualizations of privacy in the everyday. My dissertation utilizes the focus group method to access individuals' stories about privacy in everyday lives. The unit of the story is important because it contains rich connotative language, imbued with meaning. My method of analysis is inspired primarily by Michel de Certeau and Clifford Geertz. This analysis reveals four significant themes, all linking back to Warren and Brandeis's original conceptualization in thinking about privacy in the everyday: it is associated with fears, it is considered a defence against surveillance, it is conceived of in metaphorical terms as a protective boundary, and it protects personal information and individual autonomy. This dissertation explores how individuals articulate these themes. It finds that individuals apply the language of space as a framework in which to believe their privacy is protected from surveillance.
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Crounse, Shane. "The fair information principles : a comparison of U.S. and Canadian privacy policy as applied to the private sector /." Online version of thesis, 2009. http://hdl.handle.net/1850/8638.
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Lonka, Anna. "Profiling through Ultrasound Technoogy, the Right to Privacy and the Right to Data Protection." Thesis, Stockholms universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-154902.
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The right to private and family life and the right to the protection of personal data are two fundamental rights of the EU. The protection of these rights is addressed in the new General Data Protection Regulation (GDPR), the Directive on Privacy and Electronic Communications (ePrivacyDirective) and the upcoming new Regulation on Privacy and Electronic Communications (draft ePrivacy Regulation). In this thesis these three legal acts are evaluated in light of profiling through ultrasound tracking technology. Their technology neutrality and their functioning as safeguards of the two fundamental rights against the use of profiling through ultrasound tracking technology is tested. The GDPR is found to differentiate between profiling in the context of automatic decision-making and profiling in other contexts. The process of profiling is described in general terms. It is shown how tracking technologies in general and ultrasound tracking technology in particular have a central role in the profiling process.It is found that ultrasound tracking technology enables far wider tracking and data collection than the other tracking technologies. Differences and similarities between ultrasound tracking technology and other tracking technologies are described. According to the findings, the three legal instruments, the GDPR, the ePrivacy Directive and the draft ePrivacy Regulation, all live up to their aim of technology neutrality on theoretical level, since profiling through ultrasound tracking technology is within the material scope of all of them. An exemption is Article 8(2) of the draft ePrivacy Regulation that, unlike Article 9 of the ePrivacyDirective, does not stretch to cover location tracking through ultrasound technology. However, as will be shown, there are risks related to the practical implementation of these legal frameworks.
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Fischer-Hübner, Simone. "IT-security and privacy : design and use of privacy-enhancing security mechanisms /." Berlin [u.a.] : Springer, 2001. http://www.loc.gov/catdir/enhancements/fy0812/2001034161-d.html.
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Kunz, Thea. "Celebrating Privacy Day: The Right to be forgotten and individual Privacy in the digital Age." Thesis, Uppsala universitet, Medier och kommunikation, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-356108.
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This thesis explores the current status of privacy in the context of the upcoming implementation of the General Data Protection Regulation (GDPR) and, more precisely, focuses on the redefined Right to be forgotten as its most controversial component. Norman Fairclough’s three-dimensional model of critical discourse analysis was deployed to show how the Right to be forgotten is reshaping the privacy discourse in the age of big data, digitalization, surveillance and data driven business. Qualitative content analysis was used to serve critical discourse analysis as the first stage of the three dimensions, which built the foundation for the analysis of the broader discursive and societal practices. The digital age requires a rethinking of privacy in terms of the protection of personal data due to the embeddedness of technology in everyday life, big data, easy retrieval and cheap cloud storage. Forgetting and remembering are two facets that constitute human behavior but within the regime of technological advancements, both have lost, or changed their meaning. The new legislative framework aims to enhance forgetting but seems more of a façade to legitimate remembering. Several online blog posts written by experts in diverse fields of knowledge have shown that the current legislative framework is no longer sufficient due to technological change and unequal hegemonic relations, which contribute to reshaping the privacy discourse. The thesis does not give a final answer to the questions raised but contributes to the debate and to a comprehensive understanding of the new legislation in Europe.
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Boshego, Ngwanathaba Angelinah. "Balancing the right to freedom of expression with the right to privacy for public figures." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/62559.
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Black, Gillian. "Right of publicity in Scots law." Thesis, University of Edinburgh, 2009. http://hdl.handle.net/1842/5943.
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This thesis examines publicity exploitation in practice and the possible legal response of Scots law to that exploitation. It argues that the common law in Scotland is not capable of providing a coherent and principled right of publicity for individuals, and that a statutory right is instead required. By examining the nature of publicity exploitation and the activities that constitute publicity, it becomes clear that there are a number of different methods by which an individual’s “persona” – name, image, identity and reputation – can be used to enhance the goods and services of others, and that this enhancement is something for which other parties are willing to pay. The first part of this thesis explores publicity in practice, in order to derive a framework and vocabulary on which to build the subsequent legal analysis. One conclusion reached here is that, whereas much case law and academic commentary focuses on the unauthorised use of persona, authorised exploitation is more common and more lucrative for the individual. Both authorised and unauthorised use therefore need to be represented in a publicity right. The second part explores justifications for establishing a legal right to regulate the exploitation of publicity and to enable the control of such exploitation by the individual in question. These justifications reflect the dual interests at stake in publicity rights, being dignitarian interests in the use and control of one’s persona, and economic interests in the financial value of such use. The third part of the thesis draws upon the findings of the first two parts in order to assess the most appropriate legal classification of a right of publicity. The conclusion reached is that publicity cannot be sufficiently protected through established real rights or personal rights. Instead, the hybrid nature of publicity, comprising dignitarian and economic interests, should most appropriately be protected through a right in the nature of exclusive privilege (a concept already known in Scots law). This right is capable of enabling the necessary control of persona for the individual, subject to appropriate limitations to recognise the competing interests of other parties. These limits include freedom of expression and cultural communication. The final conclusion is that such a statutory right of exclusive privilege would be best placed to give principled and coherent effect to a right of publicity in Scots law.
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Theis, Adriane. "Liberal privacy and women a broken promise /." Diss., Connect to the thesis, 2006. http://hdl.handle.net/10066/726.
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Paton, Elizabeth Katrine. "Privacy law and the media." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28826.
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This thesis explores the issue of how to reconcile the value of individual privacy with that of freedom of speech. It argues that there ought to be legal protection against invasion of privacy by the media, and that such protection should be seen as complementary to a system of free expression rather than opposed to such a system.
A definition of privacy is outlined which, it is contended, meets the criteria for a coherent, neutral definition. Various reasons for valuing privacy and in favour of protecting the individual's reasonable expectations of privacy are identified. It is argued that lack of precision in the normative realm, in defining with certainty when privacy is invaded, should not be an excuse for leaving the individual without legal protection.
There follows an examination of the protection of privacy against media incursions in English, New Zealand, Australian and Canadian law, other than the coincidental protection afforded by certain common law actions. There has been significant judicial and legislative recognition of the need to safeguard privacy interests, and many interesting developments in recent years are discussed. However, none of the countries considered has yet developed effective recourse for victims of unwarranted and invasive publications.
It is argued that the relationship between privacy and free speech has been wrongly conceptualised, and that in fact both interests serve the same underlying set of values. Problems arise when privacy and free speech interests are balanced in the abstract rather than in context, and when a simplistic view of press freedom is adopted in disregard of the realities of the modern mass media.
Invasive publications generally do not significantly advance free speech interests unless they help to provide the information needed for public decision-making. Furthermore, this information can in many cases be conveyed without detriment by withholding details which disclose identity. A three-step test is proposed to determine whether privacy and free speech interests can be reconciled without compromise to either of them, or whether it is necessary to balance these interests in the context of the case.
It will also be maintained that a contextual approach is preferable to the adoption of categories such as "public figures" and "public places". These concepts tend to be misleading, and should be eschewed as analytical tools, since they confuse important questions which require separate analysis.Law, Peter A. Allard School of
Graduate
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Hunt, Christopher Douglas Lorne. "Justifying and structuring a principled common law privacy tort." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607899.
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Nam, Hyung Doo. "The right of publicity in the global market : is James Dean a living dead even in Korea? /." Thesis, Connect to this title online; UW restricted, 2005. http://hdl.handle.net/1773/9613.
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Lukman, Joshua R. "Right to publicity and privacy versus first amendment freedom of speech." Honors in the Major Thesis, University of Central Florida, 2003. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/323.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
Health and Public Affairs
Legal Studies
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Hedefine, Eeva Kaarina. "Personal Privacy Protection within Pervasive RFID Environments." Fogler Library, University of Maine, 2006. http://www.library.umaine.edu/theses/pdf/HedefineEK2006.pdf.
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Janz, Linda, and University of Lethbridge Faculty of Arts and Science. "Privacy and the internet : differences in perspectives." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 1997, 1997. http://hdl.handle.net/10133/64.
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This study examined results of a World Wide Web survey that used the framework of domain theory of moral development to examine attitudes of Internet users assuming perspectives of victims, aggressors and bystanders toward privacy issues. The effect of a monetary incentive was tested on two perspectives; effects of three moderating variables, employment status, newsgroup/mailing list membership and culture, were also tested. In the process of examing interactions, an evaluation determined if changes in attitudes indicated movement along a morality continuum. Results show that victims are more concerned than aggressors, and bystanders take a moralizing stance regardless of domain. Results of the monetary incentive test suggest that privacy is for sale. Employed respondents are more concerned than non-employed respondents; membership has little effect. Effects of culture do not support the hypotheses. Implications are that moral judgements are a function of perspective and domain, allowing flexibility along a morality continuum due to situational deviations.xii, 112 leaves ; 28 cm.
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Bhaduri, Anuket. "User Controlled Privacy Protection in Location-Based Services." Fogler Library, University of Maine, 2003. http://www.library.umaine.edu/theses/pdf/BhaduriA2003.pdf.
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Ophoff, Jacobus Albertus. "WSP3: a web service model for personal privacy protection." Thesis, Port Elizabeth Technikon, 2003. http://hdl.handle.net/10948/272.
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The prevalent use of the Internet not only brings with it numerous advantages, but also some drawbacks. The biggest of these problems is the threat to the individual’s personal privacy. This privacy issue is playing a growing role with respect to technological advancements. While new service-based technologies are considerably increasing the scope of information flow, the cost is a loss of control over personal information and therefore privacy. Existing privacy protection measures might fail to provide effective privacy protection in these new environments. This dissertation focuses on the use of new technologies to improve the levels of personal privacy. In this regard the WSP3 (Web Service Model for Personal Privacy Protection) model is formulated. This model proposes a privacy protection scheme using Web Services. Having received tremendous industry backing, Web Services is a very topical technology, promising much in the evolution of the Internet. In our society privacy is highly valued and a very important issue. Protecting personal privacy in environments using new technologies is crucial for their future success. These facts, combined with the detail that the WSP3 model focusses on Web Service environments, lead to the following realizations for the model: The WSP3 model provides users with control over their personal information and allows them to express their desired level of privacy. Parties requiring access to a user’s information are explicitly defined by the user, as well as the information available to them. The WSP3 model utilizes a Web Services architecture to provide privacy protection. In addition, it integrates security techniques, such as cryptography, into the architecture as required. The WSP3 model integrates with current standards to maintain their benefits. This allows the implementation of the model in any environment supporting these base technologies. In addition, the research involves the development of a prototype according to the model. This prototype serves to present a proof-of-concept by illustrating the WSP3 model and all the technologies involved. The WSP3 model gives users control over their privacy and allows everyone to decide their own level of protection. By incorporating Web Services, the model also shows how new technologies can be used to offer solutions to existing problem areas.
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Moller, Kerry. "The Right to Digital Privacy: Advancing the Jeffersonian Vision of Adaptive Change." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/936.
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The relationship between privacy, technology, and law is complex. Thomas Jefferson’s prescient nineteenth century observation that laws and institutions must keep pace with the times offers a vision for change. Statutory law and court precedents help to define our right to privacy, however, the development of new technologies has complicated the application of old precedents and statutes. Third party organizations, such as Google, facilitate new methods of communication, and the government can often collect the information that third parties receive with a subpoena or court order, rather than a Fourth Amendment-mandated warrant. Privacy promotes fundamental democratic freedoms, however, under current law, the digital age has diminished the right to privacy in our electronic communications data.
This work explores the statutory and constitutional law protecting our right to privacy, as well as the inadequacies that have developed with the digital revolution. With commonplace use of third parties to facilitate electronic communication, our courts and lawmakers must amend current laws and doctrines to protect the privacy of communications in the digital age. To provide clarity and appropriate data privacy protections, the following clarifications and amendments should be made to the third party doctrine and the Stored Communications Act (SCA): 1) third party doctrine should only apply to context data, 2) content data should be protected by the Fourth Amendment, 3) the SCA should eliminate the distinction between Remote Computing Services (RCS) data and Electronic Communication Services (ECS) data, and 4) the SCA should require warrants for all content data acquisition.
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O'REILLY, JOSEPH MATTHEW. "LEGAL PRIVACY AND PSYCHOLOGICAL PRIVACY: AN EVALUATION OF COURT ORDERED DESIGN STANDARDS (ENVIRONMENTAL, PSYCHIATRIC HOSPITALS, ARCHITECTURE)." Diss., The University of Arizona, 1985. http://hdl.handle.net/10150/187916.
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The legal system and the social sciences share an interest in privacy but have developed separate conceptualizations of the concept. The result is two similar but conflicting theories of privacy that make different assumptions about how people behave and how that behavior can be controlled. The purpose of this study was to begin testing these theories by examining the operationalization of privacy through mandated standards intended to ensure privacy for the mentally ill. Specifically, the standards set in Wyatt v. Stickney, which reflect the idea that privacy is a sphere of space free from outside intrusion, were examined to see if they did indeed ensure privacy. Using two units in a facility that met the standards mandated by the court in Wyatt v. Stickney, the research examined staff and patient perceptions of privacy. Thirty-five patients were interviewed and twenty-four staff completed questionnaires on the overall habitability of the unit and patient privacy. Results indicated that the Wyatt court's operationalization of privacy as primarily a visual phenomena was inadequate and although the specific standards ordered to ensure privacy were reported to be effective by a simple majority of patients, overall patients reported a lack of privacy. Staff responses were generally in agreement with patients but they tended to use more extreme or stronger ratings. The present study also has implications for the legal conceptualization of privacy. It was found that privacy was perceived as important by patients; that autonomy as evidenced by control was an important issue for a minority of patients; and, the right of selective disclosure was not a major concern of patients. Needed future areas of research that were identified included: comparing privacy ratings across a variety of group living situations, comparing the mentally ill's conceptualizations of privacy from others, determining the effect of privacy on the therapeutic goals of an institution and therapeutic outcome and, determine the relative importance of privacy to the mentally ill.
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Andonie, Luisa. "Whistleblower protection programs compromise the reported taxpayer's privacy." Universitätsbibliothek Leipzig, 2017. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-224035.
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The United States Whistleblower Program’s inadequate protections have placed the privacy and confidentiality rights of United States taxpayers in a vulnerable state. By using the United States Whistleblower Program as an example, this paper seeks to illustrate the risk of eroding the confidentiality and privacy rights of the taxpayer, which is a risk that other national and international governments should likewise attempt to mitigate in their own whistleblower protection programs.
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Wagner, Sylke. "Das Websurfen und der Datenschutz : ein Rechtsvergleich unter besonderer Berücksichtigung der Zulässigkeit sogenannter Cookies und Web Bugs am Beispiel des deutschen und U.S.-amerikanischen Rechts /." Frankfurt am Main [u.a.] : Lang, 2006. http://www.gbv.de/dms/ilmenau/toc/511997450.PDF.
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Barclay, Courtney Anne. "Balancing the right to privacy and the right of access access to child-abuse records in the 50 states /." [Gainesville, Fla.] : University of Florida, 2003. http://purl.fcla.edu/fcla/etd/UFE0002305.
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Kan, Chi-keung. "A review of the implementation of the personal data (privacy) ordinance in the Hong Kong Correctional Services Department." Hong Kong : University of Hong Kong, 1998. http://sunzi.lib.hku.hk/hkuto/record.jsp?B1971015X.
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Simsek, Yilmaz. "New Surveillance Technologies and the Invasion of Privacy Rights." Thesis, University of North Texas, 2003. https://digital.library.unt.edu/ark:/67531/metadc4252/.
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Definition of privacy has changed by the changes and improvements in information and surveillance technologies. These changes and improvement need new legal decisions for new kinds of privacy invasions. This study explores the scope of privacy right, particularly when a technological surveillance has occurred by law enforcement agencies. It focuses in particular on increasing law enforcements' surveillance technologies and devices that have the potential to impact citizens' information privacy. These increasing changes in surveillance technologies have important implications both for law enforcements and citizens. This study also discusses increasing law enforcement surveillance for the public's security, changes of the laws that allow law enforcements to use new surveillance powers as a war on terrorism, and the citizens concerns of information privacy. A particular attention is given to the recent public opinion surveys which show citizens' increasing privacy concerns. Finally, a set of recommendations to figure out security-privacy debate and reduce the privacy concerns of the citizens is offered.
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Sinkovits, Angela M. "Glass houses: the end of privacy." Honors in the Major Thesis, University of Central Florida, 2000. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/206.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
Arts and Sciences
Liberal Arts
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Sun, Zhendong 1978. "Balancing freedom of the press and the right to privacy : lessons for China." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99152.
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The conflict inherent in balancing freedom of the press and the right to privacy invariably presents some controversial legal issues. In addressing the legal dilemmas posed by these competing interests, an in-depth analysis of the conceptual value of these two equally important rights becomes a preliminary starting point. Through its exploration of the history and development of the press and privacy laws in both the United States and Canada, this thesis examines the fundamental values enshrined in these two rights. The author holds that the freedom of the press contains no privilege under the law, but that it serves as the means to promote the public's right to know in a democratic society, while the right to privacy offers an individual the autonomy to regulate his private affairs. By analyzing arguments of "pubic interest," "public figure," and "public privacy," the author compares the theoretical approaches to and practical attempts at striking a balance between the interests of the press and the privacy of the individual in the United States and Canada. Finally, the essay proposes how these experiences may contribute to the construction of relevant Chinese laws.
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Craig, John D. R. "Legal principles for the protection of the right of privacy in the workplace." Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.286833.
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Weston, Mindy. "The Right to Be Forgotten: Analyzing Conflicts Between Free Expression and Privacy Rights." BYU ScholarsArchive, 2017. https://scholarsarchive.byu.edu/etd/6453.
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As modern technology continues to affect civilization, the issue of electronic rights grows in a global conversation. The right to be forgotten is a data protection regulation specific to the European Union but its consequences are creating an international stir in the fields of mass communication and law. Freedom of expression and privacy rights are both founding values of the United States which are protected by constitutional amendments written before the internet also changed those fields. In a study that analyzes the legal process of when these two fundamental values collide, this research offers insight into both personal and judicial views of informational priority. This thesis conducts a legal analysis of cases that cite the infamous precedents of Melvin v. Reid and Sidis v. F-R Pub. Corp., to examine the factors on which U.S. courts of law determinewhether freedom or privacy rules.
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Lam, Wai-hong, and 林偉雄. "Review on effectiveness of policy on privacy protection." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2009. http://hub.hku.hk/bib/B46757740.
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Givens, Lynn Marie, and Jesse Ornelas. "Degree of privacy afforded in long-term care." CSUSB ScholarWorks, 2008. https://scholarworks.lib.csusb.edu/etd-project/3335.
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The purpose of this study was to assess the level of privacy among the elderly living in long-term nursing and communal facilities. The data was collected through a probability sampling at the Veterans Home of California in Barstow.
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Le, Poire Beth Ann 1964. "Communication strategies to restore or preserve informational and psychological privacy; the effects of privacy invasive questions in the health care context." Thesis, The University of Arizona, 1988. http://hdl.handle.net/10150/276798.
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This investigation explored the role of informational and psychological privacy in the health context by examining the relationship between type of relationship (physician versus acquaintance), type of observation (self-report versus observation), and communication strategies used to restore or preserve privacy (interaction control, dyadic strategies, expressions of negative arousal, blocking and avoidance, distancing, and confrontation). It was hypothesized and confirmed that individuals report exhibiting more behaviors to restore or preserve informational privacy in response to an informationally privacy-invasive question posed by an acquaintance than by a physician. The hypothesis that presentation of an informationally privacy invasive question by the physician causes patients to exhibit more communication strategies after the privacy invasive question than before, was unsupported. Finally, the hypothesis that individuals actually exhibit more privacy restoration behaviors than they report using in a similar situation with their physician was also unsupported. Patients reported using more communication strategies than they actually exhibited. One confound to the self reports was that videotaped participants reported the use of fewer direct privacy restoring communication strategies than non-videotaped.
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Mangwanda, Nigel. "The impact of the right to be forgotten on privacy and online information disclosure." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/52439.
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The question of how much control individuals have over their data online has taken centre stage with the introduction of the European Union s right to be forgotten (RTBF) principle. However, this principle does not explain the impact and possible consequences that this right has on an individual s willingness to disclose information online. This research examines how an individual s privacy calculus is affected if he or she discloses person ally identifiable information online to service providers.
Two hypotheses, the first which, related to the influence the right to be forgotten has on the privacy calculus and, secondly, dealing with the impact of such on information disclosure are assessed using quantitative approach based on an online survey (n=502). The results were analysed using nonparametric tests, which included Spearman s Correlation, Krusal Wallis and the Mann-Whitney U tests.
The findings show that the RTBF principle does influence an individual s thought process prior to he or she disclosing information online. Furthermore, the findings indicated individuals with a medium and high degree of information disclosure would disclose more personally identifiable information if they were convinced that information they provided was not discernible.
Some of the findings in this research could be of significance in the areas of information technology, international and criminal law, psychology, politics and human rights. Additionally, this study could be used to address individual privacy through amendments to privacy policies, laws and changes in software engineering practices.Mini Dissertation (MBA)--University of Pretoria, 2015.
sn2016
Gordon Institute of Business Science (GIBS)
MBA
Unrestricted
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McGoldrick, Albert W. "Confidentiality of tribunal acts the civil law implications in the U.S.A. of canon 1598, [par.] 1 /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
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Harrysson, Alexandra, and Julia Olsson. "Personalization paradox: the wish to be remembered and the right to be forgotten : A qualitative study of how companies balance being personal while protecting consumers’ right to privacy." Thesis, Uppsala universitet, Företagsekonomiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-387611.
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Many argue that personalization is needed in a modern marketing strategy. Whilst there are several positive aspects of personalization, e.g. improved customer satisfaction rates, it can also lead to firms being perceived as intrusive and elicit privacy concerns. This dilemma describes the personalization paradox, which refers to the two-sided results of using personalized communication by collecting and analyzing consumer data. To address the issue of how firms balance the need for personalization while still respecting consumers’ privacy, previous researchers have mainly investigated the issue from the consumer perspective. However, the consumer is believed to display a paradoxical behavior in regards to personalization. Therefore, we have addressed this issue through interviewing 12 company representatives from 7 companies. Our findings indicate that companies are mindful when creating personalized content and do acknowledge the issues with privacy and the risk of being perceived as intrusive. To overcome the personalization paradox, firms are not explicit about their data analysis in their personalized communication as this can lead to consumers feeling discomfort. Finally, an essential way that firms can prevent privacy concerns is to create relevant content as this outweighs feelings of discomfort. These findings to a certain extent do not reflect the empirical research on the topic, however the discrepancies may exist as previous studies were conducted from the consumer side.
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Britz, Jaco. "Does the tax administration act sufficiently protect the taxpayers' right to privacy or provide the taxpayer with a right to be informed?" Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/8564.
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Includes bibliographical references.This dissertation endeavours to establish whether the Tax Administration Act sufficiently protects the taxpayers' constitutional rights to privacy and right to be informed. Specifically it will be investigating these rights versus the powers provided to SARS under the different fiscal statutes to access information and to exchange information internationally. The research focussed on the rights conferred on taxpayers in terms of the Constitution versus the powers awarded to SARS in terms of the Tax Administration Act and the Income Tax Act. The research included other relevant fiscal statutes, books, case law, websites, articles and comments of experts. It has been said that the Commissioner of SARS has "draconian powers" that infringe on the rights of taxpayers. My research concludes that most of these rights are reasonable and justifiable limited in the interest of a democratic society in order to fund the administrative and financial burden on the state. The current society with advanced information technology has resulted in information being easily accessible and transferred and accordingly our privacy is being more invaded than before. This is also the case in dealings with the tax authorities but is considered a justifiable infringement in order to collect taxes to finance an open and democratic society. Tax authorities around the world are entering into tax information exchange agreements that make the sharing of taxpayer information permissible by law. The search and seizure powers without a warrant are substantially unconstitutional. It should be noted that these powers have been challenged in court and the Commissioner will not easily authorise such actions without being convinced that his actions are above the law. Taxpayers' will therefore not be subject to these powers on a regular basis. Taxpayers' are not always informed of their right to administrative justice that ensures lawful, reasonable and procedurally fair administrative actions by the Commissioner. The newly appointed tax ombudsman will be a more cost effective remedy for challenging the powers of SARS and it is likely that the future will bring about more precedents that will prevent the abuse of powers. The Tax Ombudsman will have a duty to educate taxpayers' about their rights and also to educate the SARS officials on reasonable and procedurally fair conduct.
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Lukacs, Adrienn. "Protection of employees' right to privacy and right to data protection on social network sites : with special regard to France and Hungary." Thesis, Paris 1, 2020. http://www.theses.fr/2020PA01D041.
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Les sites de réseaux sociaux en ligne ont acquis une importance considérable dans la vie quotidienne. Leur utilisation conduit à une circulation sans précédent de données personnelles : des individus du monde entier partagent des données à caractère personnel dans une qualité et une quantité jamais vues auparavant. Parmi les utilisateurs de ces réseaux sociaux en ligne se trouvent des salariés et des candidats à l’embauche. Cela pose des problèmes spécifiques dans le contexte de l'emploi en ce qui concerne la vie privée et la protection des données. Bien que les moyens « traditionnels » de surveillance des salariés, tels que la surveillance CCTV ou encore la surveillance de l'utilisation d'internet et du courrier électronique, soient déjà réglementés à la fois au niveau international et au niveau national (français et hongrois), la réglementation complète des réseaux sociaux en ce qui concerne le contexte de l'emploi nécessite encore une élaboration. Les sites de réseaux sociaux ont fondamentalement influencé les conceptions de la vie privée et de la protection des données, ce qui a pour conséquence une dilution des limites entre vie professionnelle et vie personnelle, tant pendant qu'au-delà des heures de travail. Or, le traitement des données personnelles des réseaux sociaux pose de plus en plus la question de la protection des droits des salariés, et notamment la protection du droit au respect de la vie privée et du droit à la protection des données. Ces droits doivent être mis en balance avec les pouvoirs de l'employeur, qui découlent du droit de l'employeur à la propriété (s'assurer que l'équipement fourni par l'employeur est utilisé conformément à la finalité de la relation de travail), du droit de protéger son intérêt économique (par exemple en assurant la productivité, la protection de la réputation) ou encore de la sécurité et la santé au travail (ce qui confère des obligations à l'employeur). Ainsi, la thèse examine comment les règles existantes du droit du travail et du droit de la protection des données en France et en Hongrie peuvent être appliquées aux sites de réseaux sociaux et quels sont les principaux défis qu'ils posent, notamment dans la phase de recrutement et en ce qui concerne l'utilisation des réseaux sociaux pendant et en dehors des heures de travail. La principale question à laquelle la thèse répond est la suivante : à la lumière des frontières de plus en plus floues entre vies privée et professionnelle, où trouver un équilibre entre les droits des salariés et ceux de l'employeur en matière d’usage des réseaux sociaux numériques et des données qui y sont produites ?Online social network sites have gained considerable importance in everyday life. Their use results in the unprecedented share of personal data : individuals from all over the globe share personal information in a quality and quantity never seen before. Employees and prospective employees are amongst users as well, which raises privacy and data protection issues specific to the context of employment. Although the “traditional” ways of employee monitoring, such as CCTV surveillance, monitoring of the use of Internet and e-mail, etc. are already regulated both at the international and at the national (French and Hungarian) level, the comprehensive regulation of social network sites with regard to the context of employment is yet to be elaborated. Social network sites have fundamentally influenced conceptions of privacy and data protection, resulting in the boundaries of work and personal life becoming increasingly blurred, both within and outside working hours. Yet, the processing of personal data obtained from social network sites increasingly raises the question of the protection of employees’ rights – particularly the protection of the right to privacy and the right to data protection. These rights must be balanced notably against the employer’s right to control and monitor, which ensue from the employer’s right to property (ensuring the equipment provided by the employer is used in accordance with the purpose of the employment relationship), the right to protect his/her economic interest (e.g. through ensuring productivity, the protection of reputation) and occupational safety and health (which confers obligations on the employer). Thus, the dissertation examines how the existing rules of labour law and of data protection law in France and in Hungary can be applied to social network sites and what the main challenge posed by them are, particularly in the phase of recruitment and during the use of social networks during and outside working hours. The main question to be answered by the dissertation is: in the light of the increasingly blurred boundaries, where should the balance be struck between the employees’ and the employer’s rights?
Az online közösségi oldalak jelentős szerepet játszanak a mindennapi életben. Használatuk során az egyének soha nem látott minőségben és mennyiségben osztják meg személyes adataikat, szerte az egész világon. A munkavállalók és a leendő munkavállalók szintén a felhasználók közé tartoznak, ami a foglalkoztatás kontextusában specifikus kérdéseket vet fel a magánélet és a személyes adatok védelme terén. Bár a munkavállalók megfigyelésének „hagyományos” módszereit, mint például a kamerás megfigyelést, az internet és az e-mail használatának megfigyelését, már mind nemzetközi, mind tagállami (francia és magyar) szinten szabályozzák, a közösségi oldalak foglalkoztatással összefüggő kimerítő szabályozása még kidolgozás alatt áll. A közösségi hálózati oldalak alapjaiban hatnak a magánéletre és a személyes adatok védelmére, aminek eredményeként a munka és magánélet határai egyre inkább elmosódnak, mind a munkaidőn belül, mind azon kívül. Ugyanakkor a közösségi oldalakról származó személyes adatok kezelése fokozottan felveti a munkavállalók jogainak védelmének kérdését – különös tekintettel a magánélet védelmére és a személyes adatok védelméhez való jogra. Ezeket a jogokat össze kell vetni különösen a munkáltató ellenőrzési és felügyeleti jogával, amely a munkáltató tulajdonhoz fűződő jogából (pl.: annak biztosítása, hogy a munkáltató által biztosított felszerelést a munkavállaló a munkaviszony céljának megfelelően használja), valamint a jogos gazdasági érdekeinek védelméből. (pl. produktivitás biztosítása, jó hírnév védelme) és a munkahelyi biztonság és egészségvédelemből (amely kötelezettségeket ró a munkáltatóra) következik. Következésképp, a disszertáció azt vizsgálja, hogy a Franciaországban és Magyarországon már létező munkajogi és adatvédelmi rendelkezések miként alkalmazhatók a közösségi oldalakra, és melyek az általuk felvetett legfőbb kihívások, különösen a munkaerőfelvétel, valamint a közösségi oldalak munkaidőben és azon kívül történő használata terén. A disszertáció által megválaszolandó fő kérdés az, hogy a fokozottan elmosódó határok fényében hol kell megtalálni az egyensúlyt a munkavállalók és a munkáltatók jogai között?
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Bakke, Sharen A. "Privacy, Control, and the Use of Information Technology: The Development, Validation, and Testing of the Privacy-Invasive Perceptions Scale." [Kent, Ohio] : Kent State University, 2006. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=kent1145192698.
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Thesis (Ph.D.)--Kent State University, 2006.Title from PDF t.p. (viewed Sept. 20, 2006). Advisor: Alan Brandyberry and Marvin Troutt. Keywords: privacy; control; information technology use; scale development. Includes bibliographical references (p. 103-120).
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Siu, David Chi Ho. "Can confidentiality in Hong Kong arbitration proceedings be sufficiently protected?" access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20834251a.pdf.
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Meuth, Lotte. "Zulässigkeit von Identitätsfeststellungen mittels biometrischer Systeme durch öffentliche Stellen /." Berlin : Duncker & Humblot, 2006. http://www.gbv.de/dms/ilmenau/toc/505963787.PDF.
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Moerat, Sedick. "The disclosure of information on medical certificates and the impact on the right to privacy." University of the Western Cape, 2020. http://hdl.handle.net/11394/7647.
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Magister Legum - LLMChapter 2 of the Constitution contains the Bill of Rights, which ‘enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.’1 By rights being afforded to the employee in the workplace, such rights need to be protected (legislation being implemented by legislature is subjugated by the Bill of Rights).2 Labour legislation being implemented in order to protect the rights afforded to the employees,therefore creating fair labour practice in terms of section 23 of the Constitution. Such legislation needs to take in regards various rights of an employee, such as the right to privacy3 of an employee. This resulted in creating domestic legislation in order to protect employees’ rights to privacy. A detail discusses of how various domestic legislation were implemented to protect the right is discussed in Chapter 2. In addition to the implementation of domestic legislation giving effect to the right to fair labour practices, the Constitution requires that international law be considered when individual and a further international obligations with regards to international standards). Section 39(1)(b) provides that ‘when interpreting the Bill of Rights, a court, tribunal or forum must consider international law’. This means that standards set by the International Labour Organisation and Conventions must be considered when interpreting the right to fair labour practice.4 A detailed discussion is dealt with in Chapter 2. The primary research question of this thesis is ‘is an employee’s right to privacy infringed by requiring a medical condition to be disclosed on a sick note for purposes of statutory sick leave?’ In answering this question, a number of ancillary questions must be answered, including whether doctor and patient confidentiality is breached in disclosing such information on a sick note; to what extent medical information can be disclosed in the medical information; whether there is a potential for misuse of information disclosed on the medical certificate against the employee; whether such disclosure of information could lead to unfair labour practice where the employee can be unfairly discriminated against based on such disclosure and how is privacy is being protected and processed in terms of legislation domestically and foreign legislation.
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Larsen, Irene. "Public access to information : reaching the right balance between public and private." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78219.
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This thesis examines the change towards a property-based view of information in the fields of copyright, database protection and data privacy. Focus will be placed on the United States and the European Union, as those territories together are responsible for more than half of the world's Internet population. The thesis will attempt to show that a view of information as personal property is not actually benefiting society in general and is dangerous for future progress: economic, scientific and social. The thesis suggests balancing the restrictions on access to information as a whole, meaning viewing the restrictions in copyright, database protection and privacy laws to see how they together affect access to information. It argues that these fields of law should supplement each other in maximizing social welfare through a baseline of public access as opposed to a baseline of monopoly.