Academic literature on the topic 'Right of access to State-held information'
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Journal articles on the topic "Right of access to State-held information"
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Hins, Wouter, and Dirk Voorhoof. "Access to State-Held Information as a Fundamental Right under the European Convention on Human Rights." European Constitutional Law Review 3, no. 1 (February 2007): 114–26. http://dx.doi.org/10.1017/s1574019607001149.
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Access to state-held information essential in a democratic society – Traditional reluctance of the European Court of Human Rights to apply Article 10 European Convention on Human Rights in access to information cases – Positive obligations and new perspectives: initiatives within the Council of Europe – Parallel with the Inter-American Court of Human Rights – Sdruženi Jihočeské Matky decision of the European Court: the beginning of a new era?
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Balule, Tachilisa Badala, and Baboki Jonathan Dambe. "The right of access to state-held information in Botswana: lessons from emerging international human rights jurisprudence." Commonwealth Law Bulletin 44, no. 3 (July 3, 2018): 429–51. http://dx.doi.org/10.1080/03050718.2019.1634608.
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Toplak, Jurij, and Boštjan Brezovnik. "Information delayed is justice denied." Informatologia 52, no. 1-2 (June 30, 2019): 1–8. http://dx.doi.org/10.32914/i.52.1-2.1.
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European Court of Human Rights ruled in 2016 that the European Convention on Human Rights includes a right to access information held by public authorities. While according to international documents the procedures for accessing information should be ‘rapid’, the courts have yet to rule on what ‘rapid’ means and when the procedures are so long that they violate rights of those asking for information. This article analyses the length of proceedings in access to information cases in Slovenia and Croatia. It shows that these two countries do not have a system of effective protection of rights because the authorities can easily delay disclosure of information for several years. It argues that lengthy procedures violate the right to access the information and the freedom of expression. It then presents solutions for improving access to information procedures in order for them to become ‘rapid’
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Mokrosinska, Dorota. "The People’s Right to Know and State Secrecy." Canadian Journal of Law & Jurisprudence 31, no. 1 (February 2018): 87–106. http://dx.doi.org/10.1017/cjlj.2018.4.
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Among the classic arguments which advocates of open government use to fight government secrecy is the appeal to a “people’s right to know.” I argue that the employment of this idea as a conceptual weapon against state secrecy misfires. I consider two prominent arguments commonly invoked to support the people’s right to know government-held information: an appeal to human rights and an appeal to democratic citizenship. While I concede that both arguments ground the people’s right to access government information, I argue that they also limit this right and in limiting it, they establish a domain of state secrecy. The argument developed in the essay provides a novel interpretation of Dennis Thompson’s claim, who in his seminal work on the place of secrecy in democratic governance, has argued that some of the best reasons for secrecy are the same reasons that argue for openness and against secrecy.
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Terkovich, Jessica, and Aryeh Frank. "Constitutionalizing Access." Journal of Civic Information 3, no. 1 (June 30, 2021): 1–17. http://dx.doi.org/10.32473/joci.v3i1.129179.
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State constitutions receive relatively little academic attention, yet they are the source of significant substantive rights—and, when compared to the U.S. Constitution, they are relatively easily amended to comport with contemporary needs and values. Unlike the constitutions of dozens of other nations, the U.S. Constitution contains no explicit recognition of a right to information from the government, and the Supreme Court has declined to infer that such a right exists, apart from narrow exceptions. Conversely, seven states expressly memorialize the public’s right of access to government meetings and records in their constitutions. In this paper, the authors examine case law applying the constitutional right of access, concluding that the right is somewhat underutilized and rarely seems to produce an outcome clearly different from what a litigant could expect relying on state statutory rights alone.
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Salau, Aaron Olaniyi. "Positive Obligation to Protect African Charter's Access to Information Norm Versus National Security Restrictions in Nigerian Law: Striking a Balance." African Journal of International and Comparative Law 27, no. 2 (May 2019): 177–202. http://dx.doi.org/10.3366/ajicl.2019.0268.
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Contrary to widely held scholarly opinion, this article argues that the Nigerian Constitution supports a positive right of access to information. A critical analysis reveals that clumsily phrased constitutional provisions together with vague invocations of ‘national security’ embolden the Nigerian state to suppress access to public interest information. Furthermore, the article subjects Nigeria's statutory provisions that authorise limitations on access to information on national security grounds to the test of reasonableness of the restrictions to rights under the African Charter as incorporated into Nigerian law. It finds disproportionate national security restrictions contrary to the state's positive obligation to protect access to public interest information under the Charter. The article concludes that only clearly worded constitutional recognition of access to information and a rule-of-law-based definition of national security in Nigerian law would ensure a reasonably justifiable balance between the two.
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Etemire, Uzuazo. "Public Access to Environmental Information Held by Private Companies." Environmental Law Review 14, no. 1 (January 2012): 7–25. http://dx.doi.org/10.1350/enlr.2012.14.1.142.
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The pervading thought in England and Wales has been that private utility companies such as water-only companies (WOCs) and water and sewage companies (WASCs) were public authorities under the 2004 Environmental Information Regulations (EIR) and so were subject to the regime. However, on 23 November 2010, on appeal, the Upper Tribunal delivered a judgment in the case of Smartsource Drainage & Water Report Ltd v The Information Commissioner and 19 Water Companies to the effect that WOCs and WASCs were not public authorities under the EIR. This decision potentially puts certain important environmental information out of public reach in England and Wales. This paper briefly addresses the contextual issues of the advancement of the public's right to access environmental information into the domain of the private sector and why the public needs to be able to access environmental information directly from private companies and not just from government regulators. Primarily, however, this paper reinforces the case for wide public access to environmental information held by private companies mainly through counter-arguments raised to demonstrate the lack of purposive and contextual interpretation by the Upper Tribunal, in the Smartsource case, of the relevant provisions of the EIR (i.e., Regulation 2(2)(c) and (d)). It concludes with a possible legislative solution to help clarify the import of the relevant EIR provision.
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Farinho, D. "A Right of Access to State-held Information Concerning the Education and Work History of (Elected) Candidates for Parliament." European Data Protection Law Review 7, no. 2 (2021): 327–35. http://dx.doi.org/10.21552/edpl/2021/2/25.
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Gonza, Alejandra. "Remarks by Alejandra Gonza." Proceedings of the ASIL Annual Meeting 111 (2017): 263–65. http://dx.doi.org/10.1017/amp.2017.40.
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Article 13 of the American Convention was designed to provide robust guarantees for the freedom of thought and expression. Early Inter-American case law conceived freedom of speech as a primary means to control state power and provided strong protection to varied expression. This included ideas and information considered “offensive, shocking, unsettling or disturbing for the state or to any sector of the population.” In fact, the Court was the first international tribunal to recognize the right to access to state-held information as part of the protection of freedom of expression.
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Kouda, Alizata. "The Archivist Between His Duty to Communicate and the Obligation to Protect." Atlanti 28, no. 2 (November 12, 2018): 111–21. http://dx.doi.org/10.33700/2670-451x.28.2.111-121(2018).
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Information is an essential and unavoidable fact both in terms of the development of individuals’ leadership and the emergence of companies and societies we’re living in as well. All activities revolve around data and information created or received. These different natural or legal persons aspire to faster access to information. To this end, information and communication technologies are increasingly being used for so-called free access information and need for documentary information managers (archivists, librarians and documentalists) for information related to institutions also increases. With regard to the latter type of information contained in documents held by public administrations, more and more users are wanting to access it, almost without delay, lying on their right to information. However, this consecrated right is not without restriction. These restrictions are linked, among other things to the safety of the state and to the protection of privacy. In this context, the guarantors of the institutional memory that are the archivists, are facing a dilemma: to communicate information to users while ensuring the protection of the privacy of citizens.
Dissertations / Theses on the topic "Right of access to State-held information"
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CARPANELLI, ELENA. "State secrecy and human rights violations." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2016. http://hdl.handle.net/10281/104988.
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Whilst it is undeniable that States have a legitimate need to protect their secrets especially in light of national security concerns, past and recent events have demonstrated how reliance on secrecy seems often to hardly comply with States’ obligations under international human rights law. Based on the specific circumstances of each single case, resort to State secrecy may indeed raise doubts as to its consistency with several human rights rules, including the right of access to State-held information, the right to a fair trial, the right to an effective remedy and the right to the truth concerning serious human rights violations. Reliance on State secrecy – at least when leading to the dismissal of proceedings for the impossibility to acquire evidence – can in fact grant in practice immunity in law from either criminal or civil consequences. In addition, even when dealing with ‘out of court’ issues, the existence of classified information might cover under a ‘black veil’ facts of historical relevance and the responsibilities of those involved.
In the light of the foregoing, the present work aims at testing State secrecy against the international legal framework and, in particular, against international human rights law in order to ascertain whether and to what extent the resort to State secrecy is deemed compatible with the current status of international law. In particular, this work attempts to provide answers to the following questions: does the existing international legal regime set limits to States’ reliance on State secrecy? Where these limits are to be found? Where the balance between the legitimate interest of the State to protect national security and the obligation to secure human rights should be struck? Whilst the answers to these questions much depend on the specific human rights norm against whom the resort to State secrecy is tested, the exam undertaken allows drawing some tentative general conclusions.
Whereas human rights treaties generally provide for national security as a ground justifying interferences to certain human rights, such a limitation clause cannot translate into an abusive discretionary reliance on State secrecy on the part of the State. To the contrary, it requires an inherent balancing exercise between the two colliding interests (i.e., national security and the protection of human rights), according to strict parameters set by the treaties themselves, as further interpreted by human rights monitoring bodies.
In particular, the proportionality and necessity standards and the public interest test to which restrictions on national security grounds should abided by are hardly complied with any time classification and secrecy are resorted to in order to shield accountability and hide the truth concerning serious human rights violations. In this respect, human rights treaty-monitoring bodies’ ‘case law’ has indeed increasingly accommodate a sort of absolute presumption in the sense of a prevalence of the interest in the protection of human rights over national security concerns.
This same ‘conclusion’ (de facto banning secrecy and classification any time they are relied on in a way to prevent accountability for serious human rights violations) may similarly been drawn from the progressive recognition of a right to know the truth concerning serious human rights violations, as well as – still depending on the specific circumstances of each single case – by the absolute (and non-derogable) character of certain human rights (and of the judicial guarantees essential to their effective protection).
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MacNeil, Heather Marie. "In search of the common good : the ethics of disclosing personal information held in public archives." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26051.
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The right to privacy is the right of individuals to determine, within reasonable limits, the extent to which they are known to others. Over the last twenty years the enormous increase in the amount of personal information on citizens maintained in government record-keeping systems has led to increasing public concern for information privacy. Computer technology has contributed to the collection, preservation and use of massive bodies of highly detailed personal information documenting individual characteristics as well as a broad range of social transactions. Automated record-keeping systems permit the linking of personal information from a wide variety of government data banks, a capability which, civil libertarians fear, is vulnerable to abuse.
The social contract underlying relations between citizens and the state requires that individuals surrender some measure of privacy in return for physical and social protection. But how far does that contract extend? Does the social contract which, implicitly, governs the collection of personal information in the interests of administering various social benefits, also entitle archivists, as the official keepers of government records, to permit subsequent uses of that information once its administrative usefulness has been exhausted?
Social researchers, including social historians, take an affirmative position, arguing that the closure of records containing personal information is a violation of the principle of freedom of enquiry or the scholar's right to pursue and to communicate knowledge in the interest of a greater societal good. The question is, does freedom of enquiry possess the same moral value as the right to privacy? In situations where the two values conflict, where does the archivist's moral duty lie? The thesis will address these questions by examining the ethical justifications for and against research uses of personal information and the social role the archivist plays in mediating the competing moral claims for privacy and access. The thesis concludes that, in a democratic society, the right to privacy supersedes the scholar's freedom of enquiry. In situations where the two values conflict, archivists, as the public trustees of the record, must act on behalf of that public to ensure that the right to privacy is not violated.Arts, Faculty of
Library, Archival and Information Studies (SLAIS), School of
Graduate
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Silva, Leandro de Almeida. "Transparência das informações sobre políticas públicas no governo do estado do Rio de Janeiro: análise e proposta de intervenção." reponame:Repositório Institucional do FGV, 2016. http://hdl.handle.net/10438/17775.
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Este trabalho constitui-se de uma análise e uma proposta de intervenção sobre a transparência das informações sobre as políticas públicas propostas pelo Governo do Estado do Rio de Janeiro. Entende-se como essas informações, aquelas relativas a elaboração e execução dos bens e serviços entregues à sociedade, e que constam no Plano Plurianual (PPA). Historicamente, o Rio de Janeiro possui uma administração centralizada com fortes traços patrimonialistas, fraca tradição em planejamento e grande restrição ao acesso à informação. Tendo essas questões como pano de fundo, decorrem algumas inconsistências visíveis tanto em nível estratégico de governo quanto em nível mais específico no âmbito dos órgãos da administração pública fluminense, cuja análise foi realizada sob três dimensões: física, intelectual e comunicacional. Disto, propõe-se o desafio de contribuir para a transparência das informações sobre políticas públicas, a partir das determinações constantes nas normas vigentes sobre transparênca, dos estudos já realizados sobre o tema, das boas práticas no setor público e das inconsistências encontradas no governo fluminense. Dessas análises, foram propostas ações e recomendações para melhoria, e elencados os benefícios esperados decorrentes dessa intervenção.
This paper consists of an analysis and a proposal for intervention on the transparency of information of public policies proposed by the state government of Rio de Janeiro. It´s understood as such information, those related to development and implementation of products and services delivered to society, included in the Plano Plurianual (PPA), a four year long-term plan. Historically, Rio de Janeiro has a centralized administration with strong patrimonial traits, weak tradition in planning and serious restriction on access to information. Having these issues as a backdrop, there´s some inconsistencies visible both at the strategic and specific level of the Rio de Janeiro government, whose analysis was performed in three dimensions: physical, intellectual, and communicational. From this analisys, comes the challenge to contribute to improve the transparency of information of public policies, consider studies and determinations in the current regulations on transparency, good practices in the public sector and inconsistencies detected in the Rio de Janeiro state government. Finally, the paper suggest actions and recommendations for improving transparency and list the expected benefits resulting from such intervention.
Books on the topic "Right of access to State-held information"
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Virginia. General Assembly. Joint Subcommittee Studying State and Federal Law on Privacy, Confidentiality, and Mandatory Disclosure of Information Held or Used by Governmental Agencies. Report of the Joint Subcommittee Studying State and Federal Law on Privacy, Confidentiality and Mandatory Disclosure of Information Held or Used by Governmental Agencies to the Governor and General Assembly of Virginia. Richmond: Commonwealth of Virginia, 1996.
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(Firm), AlexInformation. Privacy of consumer financial information: Complying with state & federal requirements. Austin, Tex: AlexInformation, 2003.
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Prebble, Mark. Information, privacy, and the welfare state: An integrated approach to the administration of redistribution. Wellington: Victoria University Press for the Institute of Policy Studies, 1990.
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Kumar, Niraj. Bharat's treatise on Right to Information Act, 2005: Containing a detailed commentary on the statutory provisions, practices world over, state rules, international conventions & declarations, Supreme Court, high courts, CIC and international decisions, it also provides sample questions and specimen forms. New Delhi: Bharat Law House, 2014.
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Office, General Accounting. Financial privacy: Status of state actions on Gramm-Leach-Bliley Act's privacy provisions : report to the ranking minority member, Committee on Energy and Commerce, House of Representatives. [Washington, D.C: U.S. General Accounting Office, 2002.
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United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs. Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia. State of federal privacy and data security law: Lagging behind the times? : hearing before the Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee of the Committee on Homeland Security and Governmental Affairs, United States Senate, One Hundred Twelfth Congress, second session, July 31, 2012. Washington: U.S. Government Printing Office, 2012.
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Lesser, Barry. The Glenerin report: Access: information distribution, efficiency and protection : a report on a conference held at the Glenerin Inn, Mississauga, Ontario, May 13-15, 1987. [Halifax, N.S: Institute for Research on Public Policy, 1988.
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Shitov, Viktor. Information content management. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1842520.
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The textbook describes methods of ensuring quality and compliance with legislation when publishing content, the legislation of the Russian Federation in the field of intellectual property, rules for the use of information materials on the Internet, general principles of differentiation of access rights to information on the Internet, ensuring information security, types of spam and unwanted content, methods and means of combating them, technologies for managing, processing and modifying content, technologies for transmitting information on the network, duties of a moderator of a website / forum / resource, and much more.
Meets the requirements of the federal state educational standards of secondary vocational education of the latest generation.
For students of secondary vocational education institutions. It can be used when mastering the professional module "Information resources Administration" in the discipline "Information content Management" for the specialty "Information systems and programming" when mastering the qualification "Information Resources Specialist".
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Conference, on Law and Information Policy for Spatial Databases (1994 Tempe Ariz ). Proceedings of the Conference on Law and Information Policy for Spatial Databases: Held October 28-29, 1994, at Center for the Study of Law, Science, and Technology, Arizona State University, College of Law, Tempe, Arizona. Orono, ME: National Center for Geographic Information and Analysis, Univeristy of Maine, 1995.
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California. Legislature. Senate. Committee on Privacy. Informational hearing: Recent hacking of state employee records at the Teale Data Center. Sacramento, CA. [1020 N St., B-53, Sacramento 95814]: Senate Publications, 2002.
Find full textBook chapters on the topic "Right of access to State-held information"
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Lansdown, Gerison. "Article 17: The Right to Access to Diverse Sources of Information." In Monitoring State Compliance with the UN Convention on the Rights of the Child, 103–11. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-84647-3_12.
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Stenbeck, Magnus, Sonja Eaker Fält, and Jane Reichel. "Swedish Law on Personal Data in Biobank Research: Permissible But Complex." In GDPR and Biobanking, 379–94. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_21.
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AbstractThis chapter describes the regulatory and organisational infrastructure of biobank research in Sweden, and how the introduction of the GDPR affects the possibilities to use biobank material in future research. The Swedish legislator has chosen a rather minimalistic approach in relation to the research exception in Article 89 GDPR and has only enacted limited general exceptions to the data protection rules. This may be partly explained by the comprehensive right to public access to official documents which gives researchers vast access to information held in registries, albeit conditioned on abiding by secrecy and confidentiality rules. The Swedish legislation implementing the GDPR includes a general exception from the data protection rules in relation to the right to access to official documents, which researchers also benefit from. However, confidentiality rules for different categories of information differ between sectors, which hinders an effective use of the registries in research. The regulatory regime for using biobank and registry data in Sweden thus involves both data protection and secrecy rules, which makes the legal landscape permissible but complex. The operationalisation of the research exception in Article 89 GDPR is analysed against this background. Special attention is given to the possibility to link personal information derived from biobanks with personal information from other data sources, including large national population based statistical registries as well as information from national clinical registers.
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Čtvrtník, Mikuláš. "Introduction." In Archives and Records, 1–17. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-18667-7_1.
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AbstractThe mission of archives and records management is not just to collect and store materials and information. Their purpose is also to make them accessible. Archives are one of the most important places where the right of a free society to access to information, the right to know and, with it, the freedom of expression are exercised. However, both the collection and preservation of information, including archiving, and the opening of access to it, enter the area of the protection of personality rights, privacy, and personal data, that is, one of the most complex areas of archiving and records management, in a significant way. This is also due to the fact that at the very heart of the issue is the fundamental tension: On the one hand, the collected and preserved public records and archives, including a wide range of personal and sensitive data, serve a plethora of public interests and the exercise of citizens’ rights; on the other hand, they carry an ever-present latent risk of potential misuse, including very serious forms with serious implications for people’s lives and rights. This can be generally expressed in the form of a paradox: By sharing data about themselves, whether to the state, its authorities, private entities, and other people, individuals exercise and protect their rights, including the protection of their personality rights and privacy. The same act, however, puts them at risk of misuse. Yet, if an individual did not share their data, they would not be able to exercise their rights at all.
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Muravyeva, Marianna, and Alexander Gurkov. "Law and Digitization in Russia." In The Palgrave Handbook of Digital Russia Studies, 77–93. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-42855-6_5.
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AbstractRussian state has been intensively digitalizing in past decades. The “Electronic Government” program has achieved impressive results in moving legal processes and services online by creating a system of digital platforms to manage individuals’ and businesses’ access to justice (such as services Moi Arbitr or GAS Pravosudie), as well as offer other legal instruments (such as legal documents in digital form). However, these achievements have come at significant cost for law, the legal system, and public entities and private individuals, especially in a situation of authoritarian political framework. Firstly, Russian law has become hyperformalized, which is necessary for smooth digital processing. Secondly, electronic justice has increased access to justice and legal services in terms of time efficiency, but also damaged quality and contents of law. Thirdly, digitalization of law has brought a new level of surveillance, censorship, and information controls that was not available before. The law serves as an instrument of political manipulation, which leads to even further formalization of procedures and uses of e-justice to curtail freedoms of speech and other human rights.
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"Access to Information Held by Public Authorities." In Macdonald on the Law of Freedom of Information, edited by John MacDonald and Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0006.
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Chapter 4 considers the administrative structure created by the Freedom of Information Act 2000; the right to information itself; the public authorities that are subject to the right; and the way in which requests for information should be handled. The chapter addresses the form of the request; the definition of ‘information’; the problems that tribunals have had in deciding whether information is held by a public authority; time limits; the transfer of requests from one authority to another; the duty to provide advice and assistance; fees and costs; vexatious and repeated requests; and the notice which has to be given when a request is refused. The chapter then considers the automatic disclosure of information through publication schemes, the need for consultation with third parties, and record management.
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Coliver, Sandra. "2. The Right of Access to Information Held by Public Authorities." In Regardless of Frontiers, 57–79. Columbia University Press, 2021. http://dx.doi.org/10.7312/boll19698-005.
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Birkinshaw, Patrick. "13. Information: Public Access, Protecting Privacy and Surveillance." In The Changing Constitution, 358–90. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198806363.003.0013.
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The Freedom of Information Act is a statute of great constitutional significance. The Act heralded a right to publicly held information which government had attempted to keep private. FOIA laws have their origins in the pre-digital age and any discussion of information rights must take on board the contemporary reality of the global digitization of communications via social media networks and the enhanced capabilities of state intelligence agencies to conduct surveillance over electronic communications. The General Data Protection Regulation seeks to give greater security to personal data. However, private information is harvested by private tech companies which they have obtained often ‘voluntarily’ and used by intermediaries to influence public events, public power and elections—as illustrated by recent scandals involving the practice of ‘data farming’ by social media networks and the sale of personal data to political campaign consultants seeking to pinpoint electors and thereby affect the outcomes of national elections and referenda. Government surveillance is age-old, but the emergence of digital power has enabled public authority to invade our private lives far more intrusively and effectively. The most recent example is the Investigatory Powers Act 2016. All this poses substantial challenges for the public regulation of information access in a growing confusion of public and private in the constitution. Courts, meanwhile, have to balance demands for privacy protection, open justice and secrecy.
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"The Right of Access to Information: The State of the Art and the Emerging Theory of Change." In Access to Information in Africa, 11–26. BRILL, 2013. http://dx.doi.org/10.1163/9789004251892_003.
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Birkinshaw, Patrick. "Transparency as a Human Right." In Transparency: The Key to Better Governance? British Academy, 2006. http://dx.doi.org/10.5871/bacad/9780197263839.003.0003.
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‘Transparency’, ‘openness’, and access to government-held information are widely applauded as remedies for the deficiencies and operations of government where government claims to be democratic but falls short of its rhetoric. This chapter examines whether transparency is a human right, focusing on one of its specific features: access to government information, or freedom of information (FOI). It explains what is meant by FOI and argues that within the framework of internationally agreed concepts of human rights, FOI deserves to be listed with those rights. Not only is FOI instrumental in realizing other human rights such as freedom of speech and access to justice, or other desiderata such as accountability, it is intrinsically important: the right to know how government operates on our behalf. The chapter also discusses constitutionalism and the struggle for information in the United Kingdom.
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Murray, Andrew. "23. Data protection: rights and obligations." In Information Technology Law, 595–619. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198804727.003.0023.
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This chapter examines the rights of data subjects under GDPR and the role of the state in supervising data controllers. It examines data subject rights, including the subject access right and the right to correct and manage personal data. It deals with the development of the so-called Right to be Forgotten and the Mario Costeja González case. It examines the current supervisory regime, including the role of the Information Commissioner’s Office and the enforcement rights of data subjects. Key cases, including Durant v The Financial Services Authority, Edem v IC & Financial Services Authority, Dawson-Damer v Taylor Wessing, and Ittihadieh v 5–11 Cheyne Gardens are discussed, and the chapter concludes by examining the enhanced enforcement rights awarded to the Information Commissioner’s Office by the General Data Protection Regulation in 2018.
Conference papers on the topic "Right of access to State-held information"
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Chesnokova, Lesya. "Privacy & Secrecy: The Right to Control of Personal Information." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-06.
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The article considers the right for privacy and secrecy as an opportunity to have a life sphere hidden from the government, society and other individuals. The study is based on a holistic approach including logical, hermeneutical and comparative methods. The historical process of the origin of publicness triggered the development of legal guarantees, personal freedom, and political involvement. This was accompanied by the occurrence of the sphere of privacy where an actor is protected from state and public interventions. Whereas the public sphere is associated with openness, transparency, total accessibility, the private sphere is connoted with darkness, opacity, and closedness. The need for privacy and secrecy is determined by the human vulnerability. One of the critical components of privacy is the right of an individual for control his personal information. To protect one’s own private sphere, one puts on a social mask when speaking in public. In an intimate relationship, unlike in a public one, he voluntarily waives protection by allowing those closest to him access to personal information. The restricted private sphere is sometimes a source of apprehension and a desire to penetrate other people’s secrets, both from the totalitarian state, which seeks to suppress and unify the individual, and from curious members of society. For the purpose of retaining the social world, a person in the course of socialisation learns to respect other’s privacy, behaving discreetly and tactfully. The right for privacy and secrecy is related with freedom, dignity, and the autonomy of personality.
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Fiala, Zdenek, and Olga Sovova. "NEW CHALLENGES FOR PUBLIC ADMINISTRATION AT THE AGE OF THE RIGHT TO THE INTERNET ACCESS." In 4th International Scientific Conference – EMAN 2020 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eman.2020.201.
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The paper discusses the challenges, benefits, and risks of the digitization in public services; argues the internet access right as a fundamental human right and the obligation of a state to provide digital services in the public administration; points out the main tasks of public administration when introducing the principles of good governance; addresses the development of the mentioned principles in the European public space as well at the examples of the Czech Republic. The authors critically describe evaluation methods of digitized public administration and e-Government, including the general model of user acceptance of information technology and benchmarking within the global worldwide information society. The paper highlights practical examples of digitization of the public space in the European Union and in the Czech Republic. The paper concludes with the issues of the state obligation to cover gaps between the legal and economic demand for digitization and provision of digital public services and needs of communities and individuals. The authors use the economic approach to examine legal issues of digitization in public administration. The comparison of the European legislation and Czech national legislation form the primary methodology of the interpretation of the rights of users as well as the obligations of the public administration. Practical examples, figures and tables highlight the argued issues.
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Pérez-Pons, María-Eugenia, Javier Parra-Dominguez, Juan Manuel Corchado, Jorge Meira, and Goreti Marreiros. "Review on the applications of Multi-Agent Systems in Agriculture." In Proceedings of the IV Workshop on Disruptive Information and Communication Technologies for Innovation and Digital Transformation: 18th June 2021 Online. Ediciones Universidad de Salamanca, 2022. http://dx.doi.org/10.14201/0aq03154957.
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Recent technological advances have led to the development of numerous platforms for precision agriculture, which help farmers access detailed information and make the right decisions regarding the management of their farm. Adapting the application of chemicals to crop demands or estimating optimal irrigation duration, are just some possibilities offered by multi-agent systems. Numerous multi-agent systems have been developed for use in precision agriculture. This article reviews state-of-the-art multi-agent systems and their uses in agriculture.
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Tucak, Ivana, and Anita Blagojević. "COVID- 19 PANDEMIC AND THE PROTECTION OF THE RIGHT TO ABORTION." In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18355.
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The COVID - 19 pandemic that swept the world in 2020 and the reactions of state authorities to it are unparalleled events in modern history. In order to protect public health, states have limited a number of fundamental human rights that individuals have in accordance with national constitutions and international conventions. The focus of this paper is the right of access to abortion in the Member States of the European Union. In Europe, the situation with regard to the recognition of women's right to abortion is quite clear. All member states of the European Union, with the exception of Poland and Malta, recognize the rather liberal right of a woman to have an abortion in a certain period of time after conception. However, Malta and Poland, as members of the European Union, since abortion is seen as a service, must not hinder the travel of women abroad to have an abortion, nor restrict information on the provision of abortion services in other countries. In 2020, a pandemic highlighted all the weaknesses of this regime by preventing women from traveling to more liberal countries to perform abortions, thus calling into question their right to choose and protect their sexual and reproductive rights. This is not only the case in Poland and Malta, but also in countries that recognize the right to abortion but make it conditional on certain non-medical conditions, such as compulsory counselling; and the mandatory time period between applying for and performing an abortion; in situations present in certain countries where the problem of a woman exercising the right to abortion is a large number of doctors who do not provide this service based on their right to conscience. The paper is divided into three parts. The aim of the first part of the paper is to consider all the legal difficulties that women face in accessing abortion during the COVID -19 pandemic, restrictions that affect the protection of their dignity, right to life, privacy and right to equality. In the second part of the paper particular attention will be paid to the illiberal tendencies present in this period in some countries of Central and Eastern Europe, especially Poland. In the third part of the paper, emphasis will be put on the situation in Malta where there is a complete ban on abortion even in the case when the life of a pregnant woman is in danger.
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Ivković, Nikola. "USLUGE POVERENIKA ZA INFORMACIJE OD JAVNOG ZNAČAJA I ZAŠTITU PODATAKA O LIČNOSTI." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.729i.
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The paper discusses the nature, functions and competencies of the Commissioner for Information of Public Importance and Personal Data Protection. The set of functions essentially represents the services that the Commissioner performs in order to achieve the most stable foundations of a legal and democratic state. The introductory part analyzes the origin and historical genesis of the development of commissioners in the field of information. The question of the justification and nature of special types of ombudsmen and the category of information and data protection commissioner is raised. The second part aims to look at the way services are provided. Along with the analysis of the justification of the existence of the Commissioner for Information and Data Protection globally, the basis and manner for incorporation into the system of R. Serbia. Through two separate parts, the right of access to information and the right to data protection, the legal system of R. Serbia. As the two parts of the information sky are merged into one role of the Commissioner for Information of Public Importance and Personal Data Protection, the analysis also indicates the quality of service provided from this perspective. Finally, the idea of a certification center was presented, which would be located at the University of Kragujevac in order to compensate for the handicap of insufficient knowledge in the field of information and data.
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Moya, John Malpartida, and Giancarlo Massucco De la Sota. "Alternative Geohazard Risk Assessment and Monitoring for Pipelines With Limited Access: Amazon Jungle Example." In 2014 10th International Pipeline Conference. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/ipc2014-33628.
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The Pipeline Integrity Management System (PIMS) of Transportadora de Gas del Peru (TgP) has identified the Weather and Outside Forces such as main threat which increases the risk of the integrity of its pipelines in jungle and mountains areas. In pipelines with particular characteristics such as pipeline which crosses the Andes and the Amazonian jungle, this threat can cause even a greater number of failures than other threats such as Corrosion or Third Party Damage (TPD). Given this situation, the TgP’s PIMS has made a significant development in the use and management of the information provided by different techniques of inspections and monitoring of the pipeline and ROW. Due to the particular conditions of our pipeline system, where the weather and security issues are important restrictions in some locations, makes it impossible to access the right of way in order to get accurate and precise information. Some monitoring depends on people going to the field to collect data (geotechnical surveys, rain monitoring, strain gage measures, inclinometers, etc.). This information is essential to perform the risk analysis in the scope of the PIMS. This paper shows different alternative techniques of monitoring which allow us to estimate the exposure of the pipelines to Geohazards. Among these techniques we have: topographic surveys with laser-detection LIDAR, monitoring of stress and displacement of the soil by fiber optics, UAV’s (Unmanned Aerial Vehicle) surveys, acoustic leak detection, Inertial Navigation Tools (in line inspection), etc. It is also important to mention the alternative assessment methodologies in order to determine the pipeline exposure, resistance and mitigation to this threat using geological information and exhaustive desk analysis. It is important to get the more accurate information of the actual state of the pipeline system in order to eliminate most of the “default” values during the risk assessment. By integrating these inspections, monitoring and particular assessments as part of PIMS, we have been able get accurate risk assessments in order to mitigate and/or minimize the occurrence of failures. In this way we are able to optimize efforts to preserve the integrity of our system and in addition minimize personal, environmental and business impact.
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Radu, Ecaterina, and Petruta Voicu. "FROM DIGITAL COLLECTIONS TO HYBRID SERVICE IN ACADEMIC LIBRARY "CAROL I" CENTRAL UNIVERSITY LIBRARY." In eLSE 2018. Carol I National Defence University Publishing House, 2018. http://dx.doi.org/10.12753/2066-026x-18-274.
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In a flourishing knowledge society, the communication of information is rapidly changing and, at the level of academic library this is possible through electronic services and digital collection. The informational growth in all the expertise fields, especially in science and culture, its coding in digital form, is a reflection of deep transformations in innovation at national scale and also worldwide. The mix of technology with print culture and science helps the heritage preservation and also provide open access to the scientific community. Digitization of library collections transforms the teaching, learning, researching and moreover the manner in which people interact. The present paper is an insight over the concept of digital library, its evolution and especially its standpoints. Our approach intends to explore and reveal the reasons behind the digitization and also the effects and improvements on the community of library users. We aim to investigate the state of the art of digitization at global scale, the way it is reflected in the official documents, the evolution and barriers of this process in Romania, and the possible measures that must be taken for the future. "CAROL I" Central University Library reshaped its mission and objectives and designed the plan for e-services development in the digital economy age. Considering that Romania still lacks a coherent programme for digitization and the fact that open access is the fundamental right of individuals, we intend to outline the arguments for this process to be included in the public policies, as a measure for sustainable development. Only when knowledge will be provided trough hybrid services we will be able to speak about a modern management based on flexibility, adaptability, creativity in line with the evolution of communication and technological changes.
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Omomeji, M. J., and O. Adeola Olajide. "Women’s Access to Land and its Implications for Empowerment in Nigeria: The Case of Ilorin East Local Government Area, Kwara State, Nigeria." In 28th iSTEAMS Multidisciplinary Research Conference AIUWA The Gambia. Society for Multidisciplinary and Advanced Research Techniques - Creative Research Publishers, 2021. http://dx.doi.org/10.22624/aims/isteams-2021/v28n3p8.
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There is a gender gap observed in access, ownership and control of land and other productive resources which is not in favor of women in Nigeria. While most studies on access to land resource have related it to food security, this study however examined its implications for the empowerment of women in the study area. Multistage sampling technique was used to obtain a sample of 120 households from the population. Questionnaires were used to elicit information from the sample, and its administration was interactive. Multiple linear regression analysis was used to examine the relationship between women's empowerment and access, control, and ownership of land resource. The regression analysis showed that land ownership, rights to land, and decision-making power over land had significant effects on the empowerment status. The study recommends that laws that will ensure and protect women's access and rights to land should be put in place and such laws should be properly monitored and evaluated. Keywords: Access to Land, Women’s Empowerment, Land Ownership, control of land Proceedings Reference
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Junek, Lubomír. "Normative Technical Documentation of Association of Mechanical Engineers, Czech National Code of Equipment and Piping of Nuclear Power Plants of WWER Type." In ASME 2018 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/pvp2018-85155.
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The Standard Technical Documentation of the Association of Mechanical Engineers is elaborated by a team of experts on the base of an actual knowledge and practice as a part of a row of recommendations for an assessment of strength and reliability, choice of materials and solution of service problems of the Czech nuclear power plants. It was elaborated by the Association of Mechanical Engineers as an important help for a practice. This issue is published from the following main reasons: 1. The criteria for an assessment of reliability and safety of technical tasks have changed in a last decades by influence of development of fracture mechanics and a diagnostics of an actual components of the nuclear power plants, exposed to a static and dynamic strength in a service and to effects of an aggressive environment, leading to an origin of integrity failure. The access is changed now from an assessment of an original strength to a long-term operation and service reliability. A conception of a choice of suitable materials has changed, especially about an influence of production technology on barriers against a degradation of material mechanical characteristics. Imaginations also changed about increasing of a resistance against a damage of material components in complex service conditions. New scientific knowledge it is necessary to apply responsibly just in a construction of as important equipment as nuclear power plants are. 2. A social responsibility is increasing for economic and ecological behavior and hence manners of service control are always innovated. A problematic of a residual lifetime of those tasks is connected with. A prolongation of a lifetime without a risk of equipment failure hereto is a principal demand of capital-intensive units. 3. In a last decades a possibility of efficient use either an automatic service diagnostics or an inspection of component state in service brakes has deepened. It is necessary to enable a right engagement of this instrumentation and to interpret in a right way obtained information. 4. An international cooperation in this important region is developed, an elaboration of information and their common deepening has a substantial importance for a future of a nuclear energetic. A dissembling of service obstacles, an objective analysis of failure situations and a method of their control is today’s obvious duty of an international cooperation. Programs of all variants of a possible damage and its control must be prepared. It is impossible at once to apply all those aspects in provisions and recommendations. Issued provisions however must be constantly improved and complemented.
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Vasconcellos, C. R. A., H. R. Oliveira, and J. C. Freitas. "A Historical Case in the Bolivia-Brazil Natural Gas Pipeline: Slope on the Curriola River." In 2004 International Pipeline Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/ipc2004-0400.
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The Bolivia-Brazil Natural Gas Pipeline has 2.600 kilometers since Rio Grande City in Bolivia until Canoas City, in south Brazil. The pipeline crosses a lot of types of geological field and difficult topography. The south spread of the pipeline is the most interesting because of its hard topography combined with the variety of geological materials, such as, colluvium deposits and debris flow areas. Curriola River is located at kilometer 408, north part of Parana State. In this area, the pipeline crosses slopes of 40 degrees of inclination. The mounting was only possible making high cuts to assure the appropriated bendings to the pipe. The high cuts generated high volumes of soil that had no place to be deposited. The construction staff decided to put all the material above the right-of-way, in down part of the slope, near Curriola River. The construction created an artificial colluvium. As well as the most colluvium mass around the world, the Curriola material is a non-resistance material, composed with clay and little rock blocks, with a high porosity. Every year, during the raining seasons, the mass movements generate tension cracks. A superficial drainage system was built in order to prevent these movements but it’s not sufficient because the embankment is more than 5 meters high. Studies have been carried out since the start of the pipeline operation. The most difficult part of the work is the access to the area that makes the whole activity a battle. The first field investigation was conclude in January 2003, composed by SPT tests, piezometer installation and investigation wells. The second part of the story will be composed by inclinometer and strain gauges installation and monitoring, together with laboratory tests with samples of the field. The aim of this paper is to present the site characterization of the Curriola River Slope, together with all the investigation made, including state of stress field, and residual stresses assessment, in order to supply the studies with condensed information for the slope stabilization and gas pipeline integrity.
Reports on the topic "Right of access to State-held information"
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Bano, Masooda, and Daniel Dyonisius. Community-Responsive Education Policies and the Question of Optimality: Decentralisation and District-Level Variation in Policy Adoption and Implementation in Indonesia. Research on Improving Systems of Education (RISE), August 2022. http://dx.doi.org/10.35489/bsg-rise-wp_2022/108.
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Decentralisation, or devolving authority to the third tier of government to prioritise specific policy reforms and manage their implementation, is argued to lead to pro-poor development for a number of reasons: local bureaucrats can better gauge the local needs, be responsive to community demands, and, due to physical proximity, can be more easily held accountable by community members. In the education sector, devolving authority to district government has thus been seen as critical to introducing reforms aimed at increasing access and improving learning outcomes. Based on fieldwork with district-level education bureaucracies, schools, and communities in two districts in the state of West Java in Indonesia, this article shows that decentralisation has indeed led to community-responsive policy-development in Indonesia. The district-level education bureaucracies in both districts did appear to prioritise community preferences when choosing to prioritise specific educational reforms from among many introduced by the national government. However, the optimality of these preferences could be questioned. The prioritised policies are reflective of cultural and religious values or immediate employment considerations of the communities in the two districts, rather than being explicitly focused on improving learning outcomes: the urban district prioritised degree completion, while the rural district prioritised moral education. These preferences might appear sub-optimal if the preference is for education bureaucracies to focus directly on improving literacy and numeracy outcomes. Yet, taking into account the socio-economic context of each district, it becomes easy to see the logic dictating these preferences: the communities and the district government officials are consciously prioritising those education policies for which they foresee direct payoffs. Since improving learning outcomes requires long-term commitment, it appears rational to focus on policies promising more immediate gains, especially when they aim, indirectly and implicitly, to improve actual learning outcomes. Thus, more effective community mobilisation campaigns can be developed if the donor agencies funding them recognise that it is not necessarily the lack of information but the nature of the local incentive structures that shapes communities’ expectations of education. Overall, decentralisation is leading to more context-specific educational policy prioritisation in Indonesia, resulting in the possibility of significant district-level variation in outcomes. Further, looking at the school-level variation in each district, the paper shows that public schools ranked as high performing had students from more privileged socio-economic backgrounds and were catering for communities that had more financial resources to support activities in the school, compared with schools ranked as low performing. Thus, there is a gap to bridge within public schools and not just between public and private schools.