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Journal articles on the topic 'Right of access to State-held information'
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1
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.
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Park, Zin-Wan. "Right to Access Information held by Public Institutions as a Constitutional Right - Focusing on Discussions in Germany -." IT & LAW REVIEW 18 (February 28, 2019): 149–79. http://dx.doi.org/10.37877/itnlaw.2019.02.18.6.
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Sitkova, Olga Yu. "The Legal Nature of the Child’s Right to Access Information and the Restriction Thereof to Protect a Child Against Information Detrimental to the Mental Health and Development of Minors." Family and housing law 1 (January 14, 2021): 27–30. http://dx.doi.org/10.18572/1999-477x-2021-1-27-30.
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The article analyzes the norms of international acts in the field of human rights protection concerning the right to access information. The author of the article hypothesizes that the legal mechanism, which includes measures of coordinated interaction between the family and the state, best contributes to the implementation of measures to protect children from harmful information, combined with the preservation of the child’s right to access information. Within the framework of this direction, the article reveals the legal nature of the child’s right to access information. The article analyzes the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the UN Convention on the Rights of the Child and a number of other international acts in this area. The practice of the ECHR in cases related to the right to freedom of expression has been generalized, which made it possible to determine the legal essence of this right in the context of the provisions of the main international acts on the protection of human rights
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Van Eechoud, Mireille. "Making Access to Government Data Work." Masaryk University Journal of Law and Technology 9, no. 2 (September 30, 2015): 61–83. http://dx.doi.org/10.5817/mujlt2015-2-4.
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The EU Directive on Re-use of Public Sector Information of 2013 (the PSI Directive) is a key instrument for open data policies at all levels of government in Member States. It sets out a general framework for the conditions governing the right to re-use information resources held by public sector bodies. It includes provisions on non-discrimination, transparent licensing and the like. However, what the PSI Directive does not do is give businesses, civil society or citizens an actual claim to access. Access is of course a prerequisite to (re)use. It is largely a matter for individual Member States to regulate what information is in the public record. This article explores what the options for the EC are to promote alignment of rights to information and re-use policy. It also flags a number of important data protection problems that have not been given serious enough consideration, but have the potential to paralyze open data policies.
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Yusuf, Abdulkader Mohammed. "The Legal Framework and Barriers to Access to Environmental Information in Ethiopia." Mizan Law Review 15, no. 1 (September 30, 2021): 139–72. http://dx.doi.org/10.4314/mlr.v15i1.5.
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Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.
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Osawe, Omosede A. "A comparative analysis of the right of access to information under the Nigerian Freedom of Information Act 2011 and the South African Promotion of Access to Information Act 2001." African Human Rights Law Journal 22, no. 2 (January 25, 2023): 1–17. http://dx.doi.org/10.17159/1996-2096/2022/v22n2a7.
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The right to information is a multi-faceted right that includes the right to express or disseminate, seek, receive and to impart information. This right of access to public information is crucial in order for citizens to be properly informed, as the greater part of public information is controlled by the state, formed, collected and processed using public resources, which makes it a public possession. Thus, the right not only is a requirement, but an inherent part of human existence. However, the efficacy of an access law is determined by the extent of access actually guaranteed without altering its form or content. This can be assured by adhering to the legal principles governing the right of access. This article adopts the doctrinal methodology in undertaking a comparative study of the Nigerian Freedom of Information Act (FOIA) and the South African Promotion of Access to Information Act (PAIA). The aim is to evaluate the strengths and weaknesses of both access laws, and the article finds that the PAIA is a more potent law in ensuring access to public information. Further, it canvasses that inspiration should be drawn from the robustness of the PAIA in a bid to strengthen the FOIA to guarantee full access to information. The analysis reveals that the PAIA contains more innovative provisions, such as restricted exemptions to access information, measures to promote the right of access and a broader scope of the right of access, which are essential for effective access to public information.
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Yuliyanto, Eko, Maftukhatul Muna Alatiqoh, and Ahmad Husain Alfaruq. "Inter-correlation between Human Rights and Environmental Justice: A Discourse of Right to a Good and Healthy Environment in Indonesia." Indonesian Journal of Environmental Law and Sustainable Development 1, no. 2 (July 31, 2022): 213–36. http://dx.doi.org/10.15294/ijel.v1i2.58045.
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The right to a good and healthy environment is part of human rights. Where the right to the environment as a human right to live in an environment with a minimum quality that allows the realization of a dignified and prosperous life. As part of human rights, the state must respect, fulfill, and protect the right to a good and healthy environment. To fulfill the right to a good and healthy environment, everyone is given the right to obtain environmental education, access to information, access to participation, and access to justice. In other words, without access to information, participation, and justice, the right to a good and healthy environment will be difficult to fulfill. The government needs a mechanism or instrument for these three accesses to fulfill the right to a good and proper environment for its citizens. In the next section, we will review mechanisms or instruments for access to information, as an effort to fulfill the right to a good and healthy environment, especially in the context of controlling air pollution, as well as the shortcomings and alternatives of these mechanisms or instruments. This study aims to analyze the discourse on the right to a good and healthy environment in Indonesia in the study of human rights and environmental law in Indonesia.
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Krämer, Ludwig. "Access to Letters of Formal Notice and Reasoned Opinions in Environmental Law Matters." European Energy and Environmental Law Review 12, Issue 7 (July 1, 2003): 197–203. http://dx.doi.org/10.54648/eelr2003032.
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Summary: Environmental letters of formal notice and reasoned opinions take at present about 40 per cent of all letters and reasoned opinions which the Commission issues. In 1985 Rehbinder and Stewart wrote in their book on EC environmental policy that access to information held by the EC institutions was easier to obtain for strong, powerful vested interest groups; this has not changed in the meantime. Where insurance, competition, state aid or industrial interests are at stake, the letters of formal notice or reasoned opinions are normally abundantly quoted in the press, the media and elsewhere, and no problem exists in obtaining copies. This is very different in the environmental field, where the preservation of habitats, rules against the hunting of species or groundwater or river pollution hardly ever are discussed in public. There is an international convention on access to information (the Aarhus Convention), which gives rights to the public in relation to environmental matters, but there is no such convention on access to information in industrial or other matters: that information is already available to the interested groups. This article examines whether individual persons have a right of access to these letters of formal notice and to the reasoned opinions which are issued by the Commission.
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Boşcaneanu, Marcel. "Environmental information - significant concern for authorities with competencies in the field." National Law Journal, no. 2(244) (December 2021): 144–51. http://dx.doi.org/10.52388/1811-0770.2021.2(244).15.
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The object of this article is the analysis of the scientific approach that aims to address certain relevant issues caught in the regulation of existing international and national normative acts in the field of ensuring access to all members of society (public) to environmental information. Access to environmental information is mandatory, public authorities are obliged to make available to any applicant, at his request, environmental information held by them or on their behalf, without justifying the purpose for which this information was requested. Good access to environmental information for all members of society provides them with the opportunity to be actively and effectively involved in actions to protect the environment and human health, living and working conditions, the quality of food and foodstuffs. household use. Ensuring the optimal exercise of the right to free access and dissemination of truthful information on the state of the environment, awareness of environmental issues, living and working conditions, the adoption of an appropriate attitude towards such issues, also supports the fulfillment of the obligation. which is the responsibility of all individuals and legal entities to protect the environment.
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Lazić, Radojica, and Jelena Dragić. "Free access to information of public importance in theory and practice in the Republic of Serbia." Socioloski pregled 55, no. 4 (2021): 1648–73. http://dx.doi.org/10.5937/socpreg55-34435.
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The right of access to information of public importance is undoubtedly one of the key principles on which democratic societies are founded, but the fact that this right has only recently been recognized as a universal human right speaks about the reluctance of countries and governments to accept the right of access to information. The right of access to information of public importance contributes to consistent respect of human rights and freedoms, decreases the risk from corruption and unethical behaviour and has a direct impact on transparency and responsibility in work, but this right must not be a right without limitations, i.e. it must not become unlimited, regardless of how much it proclaims democratic values. Freedom of public information is a derived human right, and includes the right to true, timely and objective information, as well as the right to publicly criticize and ask for an explanation of public activities and acts of authorities and other public actors. This paper, based on valid legal regulations, discusses functioning of the right of free access to information of public importance, with a special overview of security services as the most secret part of the state apparatus of authority.
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Murad, Mohammad Hasan, and Kazi Arshadul Hoque. "The Right to Information Act in Bangladesh: An Analysis in the Light of Johannesburg Principles of Freedom of Information Legislation." IIUC Studies 7 (October 19, 2012): 73–90. http://dx.doi.org/10.3329/iiucs.v7i0.12261.
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Today's knowledge based world is now resonating with the call for meaningful democracy backed by transparency and accountability in the state engine and peoples right of access to information has gained a great importance. In a modern democratic state, the right to information, more popularly described as the right to know, is an indispensable prerequisite. There is no denying the fact that the notion of freedom of thought, of conscience, of speech and rule of law become worthless if the people are deprived of access to information. There appears to have been a universal recognition of the demand and necessity for the establishment of peoples right of access to information. The experience in other countries suggests that this scenario can be changed by empowering people with right to information or freedom of information. The translation of right to information into law has to be done considering a number of principles which are required to be addressed in the law. The article presents an overview of the concept of right to information and attempts to discuss the principles underpinning right to information along with an analysis of to what extent those principles are reflected in the right to information law of Bangladesh. DOI: http://dx.doi.org/10.3329/iiucs.v7i0.12261 IIUC Studies Vol.7 2011: 73-90
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Jabłoński, Mariusz, and Dominika Kuźnicka-Błaszkowska. "Limiting the Right of Access to Public Information in the Age of COVID-19 – Case Study of Poland." Białostockie Studia Prawnicze 27, no. 2 (June 1, 2022): 207–21. http://dx.doi.org/10.15290/bsp.2022.27.02.12.
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Abstract The right of access to public information is one of the most fundamental political rights granted to citizens under Art. 61 of the Polish Constitution. In the Act of 6 September 2001, not only was the procedure for providing the public information specified, but also some detailed rules on obliged entities. In practice, the right to access public information not only enables citizens to take mature political decisions, but also prevents the abuse, corruption, nepotism or waste of public funds. The transparency of public administration actions forces its representatives to behave by the book and to respect the rules governing a democratic state of law as well as human rights. Undoubtedly, the full implementation of the right of access to public information may not be possible in urgent and unexpected scenarios such as a state of emergency or martial law, but any restrictions should always be introduced in a proportionate manner and only to the extent necessary to protect other (more important) goods and values. The epidemic threat facing Poland in March 2020, followed by the state of the epidemic and the accompanying activities of the broadly understood legislator, have significantly impacted the implementation of the openness principle and the right to access public information in the country. Simultaneously, doubts were raised not only due to the scope and nature of these changes, but also because of their constitutionality. In order to obtain a full picture of these threats to the implementation of the law in question, one must take into account possible decisions of the Constitutional Tribunal (with positive or negative effects) in cases that will be ruled on soon. The analysis that we present is aimed not only at determining whether the functioning of the state in the epidemic regime justified the need to limit the constitutional right of access to public information, but also – in a broader systemic context – at demonstrating that the transparency standards existing in our national model need to be strengthened, not weakened.
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Savage-Oyekunle, Oluremi A. "Appraisal of Nigeria’s Obligation on Adolescents’ Access to Sexual and Reproductive Health Care." European Scientific Journal, ESJ 14, no. 6 (February 28, 2018): 466. http://dx.doi.org/10.19044/esj.2018.v14n6p466.
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The positive obligations on states parties to ensure covenant rights will only be fully discharged if individuals are protected by the state, not just against violations of covenant rights by its agents, but also against acts committed by private persons or entities that would impair the enjoyment of covenant rights…. (Paragraph 8 General Comment 31 Human Rights Committee) This article explores the responsibility of the Nigerian state towards ensuring female adolescents’ access to sexual and reproductive health (SRH) care information and services especially contraceptive information and services. It thereafter, considers the stance of the treaty monitoring bodies to state parties’ obligations on the right to access SRH care information and services. The article concludes by declaring the need for judicial activism and stricter monitoring of the government’s activities in other to ensure that adolescents enjoy actual access to SRH care information and services.
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Lazarov, A. A. "The Right to Access Information During the Use of the System of Social Credit (Social Scoring)." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (July 11, 2022): 136–42. http://dx.doi.org/10.17803/2311-5998.2022.92.4.136-142.
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The system of social credit (social scoring) is a series of serious violations, covering a number of violations of the constitutional rights of citizens. The formed system of law and freedom not only must, but is forced to follow the spirit of the times and orient itself in the interests of society and the state. Nor is the right to information exclusive, in particular the right to access information. The internal legislator and the Russian scientific communityneedto be ready to the development of a social scoring. Leadership in the international arena will be ensured not by the speed of introducing this system into the life, but by the quality of the development of legal regulation, legal mechanisms for protecting the rights and freedoms of citizens, as well as the quality of ensuring the information security of the entire state.
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Laugharne, Richard, and Anna Stafford. "Access to records and client held records for people with mental illness." Psychiatric Bulletin 20, no. 6 (June 1996): 338–41. http://dx.doi.org/10.1192/pb.20.6.338.
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Increasing involvement of users in health service planning has led to a movement towards patients having more information about their care. Some have advocated patients having access to their medical records and this is now a statutory right. There has been concern as to whether this is suitable in mental health. An addition or alternative to access to medical notes is a client held record which might increase the patient's feeling of autonomy while also improving communication and compliance. In studies on access most patients and staff have found this beneficial. Client held records have also been positively received in the few studies reported but more evaluation in routine practice Is needed.
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Shevchuk, Oleksandr, Valentyna Zui, Ivanna Maryniv, Svitlana Davydenko, and Sergii Mokhonchuk. "Human Right to Internet Access in Healthcare in the “Right to Health Concept”: Legal Issues." European Journal of Sustainable Development 10, no. 2 (June 1, 2021): 286. http://dx.doi.org/10.14207/ejsd.2021.v10n2p286.
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This work reveals the features of the administrative and legal regulation of the human right to access the Internet in the “concept of the right to health”. It is emphasized that the basis of the legal regulation of the human right to access the Internet in the "concept of the right to health" should be the recognition of the principles of the priority of human rights and freedoms, adequate state control, ensuring the choice of criteria that make it possible to realize accessibility, anonymity, and minimize the collection and processing of personal data about the patient. The structure of Internet relations in relation to the healthcare sector has been established, their analysis has been carried out, their object has been established. Legal constructions have been formulated: "information", "Internet" in the norms of international and national regulatory legal acts, as well as the terms "e-Health", "electronic cabinet", "electronic medical information system", the author's definition of "the right to access the Internet in the field of health care ". It has been established that the human rights to access the Internet in the “concept of the right to health” should be attributed to the fourth generation of human rights. The concept of "telemedicine" is formulated, their forms are disclosed, the stages of the evolution of legislation are established, and the problems of their legal regulation in the context of human rights are indicated. It is concluded that the consolidation of the right to access the Internet at the level of the Constitution of Ukraine is a necessity.
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Wang, Jiuru, Ping Gong, Haifeng Wang, Wenyin Zhang, Chongran Sun, and Bin Zhao. "A Right Transfer Access Control Model of Internet of Things Based on Smart Contract." Security and Communication Networks 2022 (May 2, 2022): 1–11. http://dx.doi.org/10.1155/2022/3682952.
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Sensor nodes play a crucial role in the promotion of development of Internet of Things (IoT). Through this transaction, RO defines access control policies in script form based on ABAC's access control model to grant access right. The identity of all users in the model is identified by address. This paper builds a more flexible right transfer access control model by means of combining the Attribute-Based Access Control model (ABAC) and blockchain technology. Owing to the characteristics of ABAC’s attributes and right association, the massive problems of some sensor nodes can be solved. At the same time, for the sake of addressing the dynamic problems such as node access and right transfer, right transfer contract (TS) and access control contract (CS) are employed on the chain to ensure efficient and safe transmission of rights. To solve on-chain storage problems and ensure transparency of the operation, the idea of Rollup in Ethereum expansion is used to upload the final state of protocol policy and right exchange to the chain. Any user can know the policy and current right transfer status at any time. Finally, comparative and security analysis show that the model presented here can solve IoT devices’ massive and dynamic problems more effectively and it is more secure than the traditional models.
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Raeckiy, Alexandr, Sergey Shlyanin, and Liudmila Ermakova. "The implementation of the differentiation of access rights in the "Portfolio SibGIU" information system." Кибернетика и программирование, no. 2 (February 2019): 44–54. http://dx.doi.org/10.25136/2306-4196.2019.2.18530.
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The object of the study is the information system for the formation of the student's electronic portfolio. The subject of the research is the organization of the differentiation of access rights for different groups of users: students, portfolio moderators and administrators. The rights, functions and interface of each user group of the information system are considered in detail. A mechanism is described that allows the Siberian State Industrial University Portfolio information system to define a new right for LMS Moodle, which gives the Moodle user the ability to view all categories of files in the portfolio, as well as a report on the group's activities. When creating an information system, the deduction method was used, in which, for a variety of particular features, a conclusion was made about the total population of the features studied, as well as a method for analyzing the existing 4portfolio software. The main result of the work is the implementation of differentiation of access rights in the information system “Siberian State Industrial University Portfolio”, due to which the plugin defines three roles: the user, the moderator of the portfolio and the administrator. The users are university students who can upload documents to the portfolio confirming personal achievements in various activities, and each of their actions is controlled by a moderator assigned to the group, which improves the quality of filling and avoids errors in the formation of the portfolio. To control the process of filling the portfolio in the information system "Siberian State Industrial University Portfolio" reports of various levels of detail are generated, reflecting the results of the work of both moderators and users. To realize the possibility of viewing the contents of a student portfolio by registered users of LMS Moodle, the Siberian State Industrial University Portfolio information system defines a new right in LMS Moodle.
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Jackson, Margaret. "The effect of the proposed national data protection regime on the health sector in Australia." Australian Health Review 20, no. 1 (1997): 1. http://dx.doi.org/10.1071/ah970001.
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The Commonwealth Government and a number of State governments are proposingto introduce legislation based on the Information Privacy Principles contained in thePrivacy Act 1988 (Cwlth). This will allow individuals access to any personalinformation held on them by any organisation or person, including privatepractitioners, private health facilities and State government agencies. This articlediscusses this proposed legislation and its implications for the health sector.Although in the public health area patients can already gain access to their medicalrecords through the use of the various Freedom of Information Acts and, in the caseof Commonwealth government agencies, the Privacy Act 1988 (Cwlth), the proposeddata protection legislation will provide more than access rights to individuals. Theeffect of the proposed legislation on the private sector, where no obligation exists onthe part of the doctor to grant a patient access to his or her records, will be substantial.
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Svärd, Proscovia. "Freedom of information laws and information access." Information Development 33, no. 2 (July 9, 2016): 190–98. http://dx.doi.org/10.1177/0266666916642829.
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Sierra Leone was engulfed in a destructive civil war between 1991 and 2002. The civil war was partly caused by the non-accountability of the government, endemic corruption, misrule and the mismanagement of the country’s resources. Efforts have been made by the country, with the help of the international community, to embrace a democratic dispensation. To demonstrate its commitment to the democratization agenda, Sierra Leone passed the Right to Access Information (RAI) Act in 2013. The Act guarantees access to government information and also imposes a penalty on failure to make information available. However, Sierra Leone’s state institutions are still weak due to mismanagement and lack of transparency and accountability. Freedom of expression and access to information are cornerstones of modern democracies. Public information/records are a means of power that governments and other political institutions use to exercise control over citizens, but are also a means of citizens’ empowerment. Through access to government information/records, media can play their watchdog role and people can assess the performance of governments and hold them accountable. The purpose of the paper is to demonstrate the fact that it is not enough to enact freedom of information laws (FOIs) if there is no political will to make government information accessible, an information management infrastructure to facilitate the creation, capture, management, dissemination, preservation and re-use of government information and investments in civil education to promote an information culture that appreciates information as a resource that underpins accountability and transparency.
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Duben, Andrei Kirillovich. "Administrative and legal regulation of access to information about the activities of public authorities in the Russian Federation." NB: Административное право и практика администрирования, no. 2 (February 2022): 1–12. http://dx.doi.org/10.7256/2306-9945.2022.2.38254.
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The subject of the study of this article is a set of legal norms of the Russian Federation and foreign states, international treaties (agreements) regulating public relations arising in the process of realization of the right to access information about the activities of state authorities and local self-government bodies. The object of the study is social relations arising in the process of realization of the constitutional right to access to information. The author examines in detail the issues of ensuring information security in the implementation of this constitutional right and problematic issues of administrative and legal regulation of access to information about the activities of public authorities. The main conclusions of this study are that the right to access information is a separate constitutional right with its own specific content. At the same time, the proper implementation of this right, taking into account the problems we have considered, is still under threat due to the imperfection of legislative regulation and law enforcement practice. In this regard, it should be proposed: to normalize the possibility of providing documents containing personal data of a third party, with preliminary depersonalization of such data; to determine the limits of the right to access information, taking into account the departure from the restrictive interpretation of the definition of "information on the activities of state bodies and local self-government bodies" in judicial practice (in a separate resolution of the Plenum of the Supreme Court The Russian Federation); to revise the approach on the correlation of individual normative legal acts regulating information and administrative relations.
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Edwards, Eli. "Libraries and the Right to be Forgotten: a Conflict in the Making?" Journal of Intellectual Freedom and Privacy 2, no. 1 (July 7, 2017): 13. http://dx.doi.org/10.5860/jifp.v2i1.6249.
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The right to be forgotten (RTBF), an concept in European privacy law, is based on the notion that personal information which is irrelevant, outdated or inaccurate should not be readily accessible to the public. Some privacy advocates cheered when European courts held that search engines like Google, Bing and Yahoo! had to respond to RTBF requests by European citizens by removing search results based on information said to violate their privacy. However, there are those in the media, as well as free expression activists who are concerned that this right, and its implementation, can negatively affect access to information. Should American librarians worry?
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., Raghwesh Pandey. "Right To Information Act 1986 : Historical Perspective, Its Objectives and Salient Features." Mind and Society 8, no. 01-02 (March 29, 2019): 42–48. http://dx.doi.org/10.56011/mind-mri-81-2-20197.
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In India, the Right to Information Act has been developed through various strands for almost the entire period of the country‘s independent history. Until 2005, an ordinary citizen had no access to information held by a public authority. In matters touching legal entitlements for services as food for work, wage employment, basic education and health care, it was not easy to seek the details of decision-making process that affected or injured the person. Without access to relevant information, it is not feasible for a common person to take part in a meaningful discussion on political and economic matters. The enactment of the Right to Information Act, 2005 is a milestone in the history of administration in India. The Right to Information Act, 2005 has brought responsibility and accountability to the development process in India. It is path breaking in controlling corruption and delays in the implementation of government-sponsored programmes and in the performance of public authorities. The act provides momentum for development process and remedy to fight corruption in public authorities. It is an important means for strengthening democracy, accelerating economic growth of the country.
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Oliveira, Celso Maran de. "Sustainable access to safe drinking water: fundamental human right in the international and national scene." Ambiente e Agua - An Interdisciplinary Journal of Applied Science 12, no. 6 (November 23, 2017): 985. http://dx.doi.org/10.4136/ambi-agua.2037.
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Access to potable water is absolutely essential to the maintenance of life, as well as to provide regular exercise of other human rights. The lack of access to water in sufficient quantity or access to non-potable water may cause serious and irreparable damage to people. This paper investigates the evolution of international and national recognition of this fundamental human right, whether implicit or explicit. This was accomplished by the study of international human rights treaties, bibliographic information on water resources and their corresponding legal systems, national and international. The results suggest that sustainable access to drinking water is a fundamental human right in the context of international relations and the State. Further, even without explicitly stating this right in the Constitution of 1988, Brazil has incorporated the main international provisions on the subject, but this right must be acknowledged according to the principles of non-typical fundamental rights and the dignity of the human person. This right should be universally guaranteed by the Government in sufficient quantity and quality, regardless of the economic resources of individuals.
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Baklushina, E. K., and I. A. Eremtsova. "Execution of minor patients’ right for information in professional activities of medical assistants." Kazan medical journal 96, no. 6 (December 15, 2015): 1035–38. http://dx.doi.org/10.17750/kmj2015-1035.
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Aim. To examine the problems of implementing patients’ rights for information by medical assistants in providing medical care of a minor under 16 years of age.
Methods. The study was conducted as a poll using anonymous questionnaires and semi-standardized interviews using specially designed questionnaires and the method of expert evaluations. The study involved 407 medical assistants providing medical care for children’s population, and 427 parents of minor patients (under 15 years of age). The department of health management and public health of institute of postgraduate education of Ivanovo State Medical Academy conducted the study at the medical settings of the Vladimir and Ivanovo regions.
Results. The study revealed low awareness of the medical assistants in patient’s rights for information, in particular, to have access to medical documents. Execution of the right of minor patients and their legal representatives to obtain information on the health status was shown to be inadequate, with medical assistants often ignoring the parents’ request to provide information about the health status of the child and access to medical charts and results of diagnostic procedures. A significant part of medical assistants do not consider mandatory to explain to minor patients parents the diagnostic data within their competence.
Conclusion. The currents state of affairs in implementing patients’ rights for information requires development and implementation of medical and organizational measures for better awareness of medical assistants about patients’ rights, in particular, right to be informed, as well as optimizing execution of this right.
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Turchenko, O., and V. Furman. "Restriction of the right to access to public information under martial law." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 107–13. http://dx.doi.org/10.24144/2788-6018.2022.05.20.
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Article 64 of the Constitution of Ukraine defines a list of human rights and freedoms that may be restricted under martial law to protect the national security and territorial integrity of Ukraine, including the right to access information. This provision corresponds to Part 3 of Article 34 of the Constitution of Ukraine, Part 1 of Article 8 of the Law of Ukraine "On the Legal Regime of Martial Law".
Due to the military aggression of the Russian Federation against Ukraine, the dissemination of information about the activities of state authorities and their employees, including courts and justice system bodies, can impose a threat to their life and health, cause crimes to be committed and be a threat to national security, and therefore can subject to restrictions by law.
The article examines the grounds and conditions for restricting the right to access the public information under martial law; special attention is paid to the issue of restricting access to public information at the disposal of the courts and the State Judicial Administration of Ukraine.
The author analyzed statistical data on the number of submitted requests for obtaining public information, cases of filing complaints about illegal actions of managers of public information when considering requests since the introduction of martial law on the territory of Ukraine.
The article proves that since the Law of Ukraine "On the Legal Regime of Martial Law" does not provide for a direct possibility to establish any prohibitions or restrictions on the fulfillment of the duties of managers in considering requests or disclosing public information, when deciding the issue of limiting or providing access to that or other information in the conditions of martial law, the need to maintain an appropriate balance between the protected interest of a specific person and public interests and the application of the established practices to approve the request remain.
The article also explores the possibility of restricting the dissemination of restricted information during martial law, which is socially necessary, when the public's right to know this information outweighs the potential harm from its dissemination.
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Glerum, Vincent. "Directive 2013/48/EU and the Requested Person’s Right to Appoint a Lawyer in the Issuing Member State in European Arrest Warrant Proceedings." Review of European and Comparative Law 41, no. 2 (August 11, 2020): 7–33. http://dx.doi.org/10.31743/recl.6128.
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Directive 2013/48/EU gives persons who are subject to European arrest warrant proceedings the right to “dual representation”: not only the right of access to a lawyer in the executing Member State but also the right to appoint a lawyer in the issuing Member State, whose limited role it is to provide information and advice to the lawyer in the executing Member State with a view to the effective exercise of the requested person’s rights under Framework Decision 2002/584/JHA. The right to appoint a lawyer in the issuing Member State is supposed to contribute to facilitating judicial cooperation. This article takes a closer look at that right and tries to establish whether – and, if so, to what extent – that right does indeed facilitate judicial cooperation.
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SHEVCHUK, Oksana. "Constitutional and legal basis of ensuring information security in Ukraine." Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 5 (December 21, 2021): 209–15. http://dx.doi.org/10.33251/2707-8620-2021-5-209-215.
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Abstract. It is substantiated that information security is considered on the same level with such integral features of statehood as sovereignty and territorial integrity. The information sphere is referred to in other articles of the Basic Law, in particular, Art. Art. 31 32, 34, 50 in the context of providing constitutional guarantees of the right to secrecy of correspondence, telephone conversations, telegraph and other correspondence; protection from invasion of privacy; protection against illegal dissemination of confidential information, judicial protection of the right to refute inaccurate information and the right to demand its seizure in this regard; the right to freely collect, store, use and disseminate information orally, in writing or otherwise ? at their discretion; the right to free access to information on the state of the environment, the quality of food and household items, as well as the right to disseminate it. It is established that the Constitution of Ukraine has become the main legal basis for further rule-making in the information sphere. However, this rule-making, along with certain positives in the development of the information field, freedom and protection of information, has not shown the necessary effectiveness in the information war. The main thing is that this rule-making did not ensure the implementation of Art. 17 of the Constitution, which places information security among several important functions of the state, such as the protection of sovereignty and territorial integrity. Accordingly, the failure to ensure information security has led to the loss of part of the sovereignty and territorial integrity of our state The purpose of the article is to study some constitutional forms of implementation of the state information security policy of Ukraine. The author concludes that in general, despite some disorder, inconsistency and inconsistency of Ukrainian legislation in the information sphere, the information legislation of Ukraine in recent years has been revised and transformed by new challenges and threats in the face of military aggression. Certain legal acts have been adopted for a short period and expire in 2020. Therefore, given the fact that Ukraine is in a state of hybrid war, in which information security is the most attacked and, at the same time, the most vulnerable, there is an objective need to develop a basic law - the Information Code, which would include a separate section on information security or adoption of a special Law of Ukraine "On Information Security of Ukraine", which will be able to regulate the basic principles of state policy aimed at protecting the information security of man, society and the state from external and internal threats Key words: information security, access to information, transparency, e-government, government agencies, official information.
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Андрияшко, Марина Васильевна. "E-GOVERNMENT IN THE REPUBLIC OF BELARUS AND ACCESSIBILITY OF THE DIGITAL ENVIRONMENT FOR PERSONS WITH DISABILITIES." Rule-of-law state: theory and practice 18, no. 4(70) (January 19, 2023): 28–34. http://dx.doi.org/10.33184/pravgos-2022.4.4.
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The digital society provides users with new ways to access information and services. Governments as providers of information and electronic servicesrely on the Internet to produce, collect and provide online the services ana information needed by the public. Purpose: to determine the current status of the e-government institution in the Republic of Belarus and identify barriers that prevent equal access to the digital environment. Methods: system analysis of state and legal regulation, hermeneutic methods, methodsof semiotics, methods of statistical analysis. Results: it is found that the right to equal access to information and the right to participate in the management of society and the state are not fully realized by persons with disabilities, due to the lack of relevant specifications on the websites of state organizations providing electronic services and administrative procedures in electronic form. Appropriate proposals are made.
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Omelchuk, Oleh M., Mariia P. Muzyka, Mykola O. Stefanchuk, Iryna P. Storozhuk, and Inna A. Valevska. "Legal grounds for restricting access to information: a philosophical aspect." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 3 (September 17, 2021): 64–73. http://dx.doi.org/10.37635/jnalsu.28(3).2021.64-73.
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The rapid spread of the Internet and communication technologies raises the issue of access to information, especially access to information via the Internet. The amount of information on the network is constantly increasing, and at the same time more and more efforts are being made to limit users' access to it to some extent. The more restrictions state bodies create in this area, the more efforts are made to circumvent or violate these prohibitions. Free access to information in a democratic society should be the rule, and restriction of this right – the exception. These restrictions should be clearly defined by law and applied only in cases where legitimate and vital interests, such as national security and privacy, need to be respected. The main purpose of this study is to consider the legal and socio-philosophical aspects of access to information. Restricting access to documents as media has been practiced since ancient times. The study highlights the existing inconsistencies and lags in the implementation of the principles of exercise of the right to information in Ukraine at the level of laws and subordinate legislation. The study classifies information according to the nature of restrictions (exercise) of constitutional rights and freedoms in the information sphere. It was discovered that the legislation of Ukraine does not systematise the list of confidential information in a single regulation in contrast to the Russian Federation and provides the main types of confidential personal information. It was found that restrictions on any freedoms and human rights, including in the information space, can be established with the help of various regulators, the dominant among which are the following levels of implementation: legal (legislative); moral self-consciousness of society; autonomy of the person. Features and spheres of action of regulators of restriction of freedoms and human rights are described. To restrict access to information, various methods are used to protect it from unauthorised receipt, which can be divided into two groups: formal and informal
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Perlingeiro, Ricardo. "The Right to Information from the Procedural Standpoint (Judicial and Non-Judicial)." A&C - Revista de Direito Administrativo & Constitucional 15, no. 61 (July 12, 2015): 43. http://dx.doi.org/10.21056/aec.v15i61.21.
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The author takes a general descriptive approach to the system of jurisdictional review of decisions concerning access to official information in Latin America, with the aim of enabling a future comparative administrative law study on information access in the People’s Republic of China. The first two topics are related to an overview of the right to information access in Latin America and the corresponding laws, with imprecise rules that lead to behavior by the administrative authorities that is subject to review of dubious effectiveness, so that the authorities are verging on a state of immunity incompatible with the Rule of Law. The third part is about the developments in Latin America up to the present day, jurisdictional review (judicial and non-judicial) of administrative decisions not only in terms of their formal legality but, above all, their substantive legality, i.e., a review of the content of the administrative decisions, including the discretionary administrative powers and margin of administrative appreciation. The fourth topic, the due process clause, influenced by the USA, is discussed in the context of Latin American information access law, in comparison with the Continental European tradition of administrative law. The fifth and final point concerns the models of jurisdictional review of decisions on information access within the sphere of the OAS (Organization of American States) and Latin American countries. Among other conclusions, the author states that the search for an effective information access system that does not necessarily depend on opting for a model already established in Brazil, Latin America, the USA or Europe; what is of fundamental importance is to provide the interested parties with access to a fair trial guaranteeing their right to information access except in cases in which secrecy is necessary and justified according to the international human rights criteria.
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Bacon, Wendy. "Editorial: A viable public sphere?" Pacific Journalism Review : Te Koakoa 15, no. 2 (October 1, 2009): 5–8. http://dx.doi.org/10.24135/pjr.v15i2.981.
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This edition is the third occasion the Pacific Journalism Review has published several of the papers presented at an Australian Centre for Independent Journalism (ACIJ) Public Right to Know (PR2K) conference. The PR2K conferences, which have been held regularly since 2000, have mostly focused on how the right of people to know what is happening has been frustrated by legal, political and social constraints on the media and access to information in the Asia and Pacific regions.
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Ivanova, Ksenia A., and Madi Zh Myltykbaev. "The freedom of speech and right of access to information in the emerging system of international information security." Law Enforcement Review 4, no. 4 (December 28, 2020): 80–93. http://dx.doi.org/10.24147/2542-1514.2020.4(4).80-93.
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The subject. The article is devoted to the analysis of the freedom of speech and access to information in the context of the emerging system of international information security. The purpose of the article is to try to predict the positive and negative consequences of changing international relations in the digital age, to determine the role of freedom of speech and access to information in the context of confrontation between Russia and the United States. The research presented in this article was carried out by combining different disciplinary approaches, including comparative law, comparative politics and international relations, political theory and sociology. Moreover, study includes methods of dialectical logic, analysis and synthesis, as well as formal legal analysis of international legal acts of the UN. The main results and scope of their application. The rights of freedom of speech and access to information is undoubtedly one of the main in the global digital communication context. Degree of implementation of human and citizen rights to freedom of expression and access to information are indicators of political processes, the pace of building a civil society and legal state in current country. These rights are the foundation of modern democracy. The authors carry out a systematic analysis of the categories “freedom of speech” and “the right to access information”, identify the features of implementation of these rights in cyberspace, analyze international practice of legal regulation of these rights and assess the place and role of these rights in the emerging system of international information security. A legal analysis of international legal acts shows that the positions of the United States and the Russian Federation in the field of international information security are gradually converging, and the convergence is going in the direction of the Russian position Conclusions. The limits on the exercise of freedom of speech and access to information do not correspond to the level of development of public relations, because there are no effective legal tools to prevent defamation in the mass media, which in turn can lead to conflict between countries. It is concluded that there is a need for active international cooperation and consistent unification of the legislation of various countries, taking into account that freedom of speech and access to information in cyberspace should have the same level of protection as in the physical world.
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Winarni, Fajar. "Pengaturan Pengendalian Covid-19 Dalam Perspektif Hak Atas Lingkungan Hidup Yang Baik Dan Sehat." Jurnal Hukum Ius Quia Iustum 29, no. 2 (May 1, 2022): 392–414. http://dx.doi.org/10.20885/iustum.vol29.iss2.art8.
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The right to a good and healthy environment is one of the fundamental human rights, which consequently obliges the state to respect, protect, and fulfill the right. This study aims to analyze the Covid-19 control arrangements associated with the fulfillment of the right to a good and healthy environment, as well as the efforts that can be made if the right is not fulfilled due to Covid-19. This is a normative research, which the data collection technique is carried out by literature study. The results of the study conclude that various regulations have been issued to control the spread of Covid-19, while the fulfillment of the right to a good and healthy environment must be understood as a unit by ensuring the fulfillment of other procedural rights, namely the right to access to information, the right to access to participation, and the right to participate. Access to justice. Efforts that can be made if the right to a good and healthy environment is not fulfilled is that anyone can sue to the court on the grounds that the Government has failed to fulfill its obligations. However, in the event that the Government cannot be sued legally, because the Covid-19 outbreak is a force majeure situation, which cannot be predicted in advance, thus the Government continues to take responsibility conscientiously, namely as a means of fulfilling state responsibilities as the highest public organizational body for situations that arise and affected the people.
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Haustova, M. "State policy in the field of human rights in the era of digital transformation." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 328–33. http://dx.doi.org/10.24144/2307-3322.2021.69.55.
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The work is devoted to the concept of human rights and freedoms in the context of globalization. The concept of the human dimension of globalization, the factors influencing the content of human and peoples' rights and freedoms are analyzed. In particular, human rights standards in the field of modern information technologies have been determined. It is determined that the transformation of society is due to the development of the information society and the gradual transition to a knowledge society, the impact of digitalization on all social processes. The active use of digital technologies in various spheres of life has led to the question of the need and sufficiency of human and civil rights and freedoms, and highlighted the concept of digital human rights and freedoms. Summarizing different approaches, it is determined that the globalization of human rights is a process of influencing human rights of various factors and factors of international importance (political, social, economic, information, etc.) in individual countries; the interdependence of the social status of the individual from the life of peoples and humanity as a whole and vice versa; it is the universalization of positive world experience in the field of human rights, recognition and consolidation of the universal status of human rights and freedoms, their protection at the international level. It is analyzed that personal rights and freedoms are known to be inseparable from the security of man, society and the state. Under these conditions, the problem of finding a balance between the protection of privacy, including information privacy, and the need to protect information and national security becomes relevant. That is, in the conditions of the rule of law and the development of the information society, restrictions on the arbitrary treatment of human rights, in particular in the information sphere, should be legally defined. This problem has become significantly more relevant in the current context of digital transformation and the introduction of an emergency situation related to quarantine and restrictive measures, which has helped to identify a number of important issues that need urgent attention. The transformation of society is due to the development of the information society and the gradual transition to a knowledge society, the impact of digitalization on all social processes. The active use of digital technologies in various spheres of life has led to the question of the need and sufficiency of human and civil rights and freedoms, and highlighted the concept of digital human rights and freedoms.
Digital rights include fundamental rights, such as freedom of expression, privacy, the right to information, the right to participate in public affairs, etc., and such as the right to be forgotten, the right to anonymity, or even the right to the Internet. .
The modern scientific literature identifies and explores such new rights as the right to be forgotten, the right to anonymity, the right to personal data protection, the right to digital education and access to digital knowledge; rights related to the protection of genetic information; the right to participate in the turnover of property in the digital sphere, etc. It is noted that the right to privacy, which is one of the main rights that embody human freedom in its negative sense, ie freedom from outside interference, is particularly vulnerable in the digital transformation era. The right to education is also actively developing in the digital age. A new right has been defined - the "right to digital death". Attention is paid to the group of digital rights, which are designed to ensure the implementation of constitutional principles in the democratic system of our state, so the category of "electronic democracy" is firmly in modern constitutional and legal usage. It is concluded that ensuring security in the information and communication environment is becoming a priority area of scientific and technical activities, requiring significant attention and efforts from man, society, government agencies and legal science of the state.
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Iryna Krylova. "FREE ACCESS TO INFORMATION IN WATER SUPPLY AND WASTEWATER OF UKRAINE AS THE PRINCIPLE OF THE STATE POLICY." International Academy Journal Web of Scholar, no. 5(35) (May 31, 2019): 46–54. http://dx.doi.org/10.31435/rsglobal_wos/31052019/6505.
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The article attempts to analyze the legal fundamentals, principles and mechanisms of state policy principle on ensuring free access to information in the field of water supply and wastewater of Ukraine. The main focus is on normative legal acts that determine the need for open access of citizens of Ukraine to information, including in the field of water supply and wastewater. Responsibilities for providing open access to such information are entrusted to state authorities, local governments and water supply and wastewater companies. The author carries out the systematization of the types of information, access to which is provided to consumers in the field of water supply and wastewater, with the indication of the managers of such information and means of its provision. Provides data on the availability and adequacy of some types of information in the field of water supply and wastewater. The article also discusses the issues of realization of the right to access public information by analyzing the annual report of the Ombudsperson of the Verkhovna Rada of Ukraine on human rights and jurisprudence. The system violates the legislation in the area of granting access to public information, the main groups of violations of the legislation in this area of legal regulation are defined. Information activities of state authorities, local self-government bodies and enterprises of Ukraine, despite numerous reforms, are still characterized by certain limitations and formalities.
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Montanari Vergallo, Gianluca, Enrico Marinelli, Natale Mario di Luca, and Simona Zaami. "Gamete Donation: Are Children Entitled to Know Their Genetic Origins? A Comparison of Opposing Views. The Italian State of Affairs." European Journal of Health Law 25, no. 3 (March 13, 2018): 322–37. http://dx.doi.org/10.1163/15718093-12530378.
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Abstract Medically assisted fertilization techniques give rise to a wide array of issues, such as the rights to secrecy, partial anonymity or to the full disclosure of information about the donors’ identities. The authors espouse the right of donor-conceived children to know their biological origins, and delve into opposing views, either in favour of the gamete donors’ right to anonymity or against it. Be that as it may, the right to know one’s biological origins has been gaining a foothold as part of the broader right to personal identity. The latter is in fact codified and upheld in numerous international treaties and conventions as a fundamental human right. The authors expound upon the Italian legislation, which is designed to enforce total donor anonymity. Against that backdrop, the authors weigh the suitability of further regulating access to sensitive, identifying information about the procreation methods involved in each case.
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Ivanova, K., and M. Myltykbaev. "Implementing the Right to Information as a Key Element of Freedom of Expression in the BRICS Countries." BRICS Law Journal 9, no. 2 (July 14, 2022): 4–29. http://dx.doi.org/10.21684/2412-2343-2022-9-2-4-29.
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The category of rights and freedoms, including the right to access information and the right to self-expression, is not immutable. Rights and freedoms are a byproduct of the historical development of society and represent a socio-cultural phenomenon that reflects the historical identity of peoples and countries throughout the world. As a result, each legal system has its own legal concept of rights and freedoms, without which the crisis-free development of a particular state is impossible. This is because the degree to which citizens’ rights to self-expression and information are realized has a direct impact on the overall quality of a democratic system. This article analyzes the sectoral normative legal acts of the BRICS countries that regulate the right to information. Based on the data obtained, a comparison was made between restrictions and prohibitions regarding the exercise of the right to information. Furthermore, the article describes and analyzes the main approaches to assessing and determining the index of democracy in the world. Based on the comparison of the democracy index, the global ranking of the right to information and the global ranking of the civilian population, a formula for calculating democracy was derived. The degree of democracy in the BRICS countries was then calculated using the formula obtained, and a regional ranking of democracy within the BRICS countries was compiled. The authors believe that providing citizens with the opportunity to fully exercise their right to information, which would be impossible without the balanced participation of the state, results in the creation of an objective information environment, which in turn provides citizens with the opportunity to justly exercise their right to self-expression. In this regard, it is self-evident that democracy is closely connected with the full realization of the right to information. Today it plays akey role in citizens’ exercise of their right to self-expression.
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Khomichov, I. O. "The compliance of the anti-corruption legislation of Ukraine to the person's right to privacy." Legal horizons, no. 22 (2020): 47–51. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p47.
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The article is devoted to the study of the compliance of the rights and obligations of the person authorized to perform the functions of the state or local government to the right to respect for private life, including the submitting and publishing property declaration. The author determines the approaches of national and foreign researchers to the essence of the concept of the right to privacy and concludes that it is a natural right, that includes the right to respect for private and family life, housing and correspondence. The norms of the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 concerning the human right to privacy are revealed. It іs determined that one of the main reasons for the need to introduce in Ukraine the institution of declaring for officials of public authorities is the obligation of Ukraine to comply with the United Nations Convention against Corruption, and found that domestic law is stricter than the Convention. It is concluded that human rights are the priority area of state protection, so the requirements of anti- corruption legislation on disclosure of information about personal and family life of persons, authorized to perform state and local government functions, in the declaration and access of such information is a violation of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Art. 8, 32 of the Constitution of Ukraine. The author affirms that the disclosure of such a volume of information about any person is an indisputable violation of his right to privacy and family life. Key words: the right to privacy; the right to respect for private and family life; a person authorized to perform the functions of the state and local self-government; declaration; prevention of corruption.
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Bielinhio, V. "Administrative Procedure Act of the Republic of Estonia: Experience for Ukraine." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 5–8. http://dx.doi.org/10.17721/1728-2195/2019/3.110-1.
Full textAbstract:
The article deals with the provisions of the Constitution of the Republic of Estonia which concern the cooperation of public administration with citizens and the protection of the citizens' rights. The comparison of the particular provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine is made. As a result of comparing the provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine, it is concluded that they are similar in terms of citizens' rights protection. In both Constitutions, citizens' rights are recognized and protected by the state, rights and freedoms may only be circumscribed in exceptional cases, citizens have the right to free access to the information held by public administration (access to which is not restricted). Special attention is given to Administrative Procedure Act of the Republic of Estonia, which was passed on 06 June 2001. The principles of the administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, are presented. They include the principle of human rights protection, the principle of legality, the principle of proportionality and separate group of principles – principles of good administration. The principles of good administration, which underlie the cooperation of public administration with citizens, are also highlighted. They include the right to be heard, the right to examine documents, the right to get explanations, the principle of accessibility and data protection, the right to representation, the principle of appeal. It is substantiated that the principles of administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, provide two important guarantees: 1) a guarantee for good and legal activity of public administration, 2) a guarantee for enforcement of person's rights and freedoms during issuing administrative acts or taking measures. The conclusion on the expediency for the systematization of the legislation on administrative procedure in a one normative legal act is made. On the basis of drawn conclusions, it is proposed to draft and adopt in Ukraine a unified normative legal act on administrative procedure (a law or a code), taking into consideration Estonia's experience in this matter.
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Bannian, Bushra, Sardar M. A. Waqar Khan Arif, and Syed Mudasser Fida Gardazi. "Legislation on Access to Information: The Perspective of Azad Jammu and Kashmir Right to Information Act." Global Legal Studies Review VI, no. IV (December 30, 2021): 41–49. http://dx.doi.org/10.31703/glsr.2021(vi-iv).06.
Full textAbstract:
Information encourages active participation of public in affairs of state. Keeping in view the importance of Right to Information (RTI), the United Nations (UN) has termed it as “touchstone of all the freedoms to which the UN is consecrated”. The government introduced 13th Constitutional amendment in 2018 by which RTI was incorporated in Azad Jammu and Kashmir Interim Constitution, 1974. The fact that RTI has been explicitly protected by the constitution can’t be undermined however this constitutional provision needs assistance by an ordinary legislation. Because, only an Act can prescribe the scope of right,responsibility of officials, kinds of information to be made available proactively, procedure to be followed to request and the mechanism to grant remedies in case of denial or unsatisfactory response to requested information etc. To resolve the issue of lack of RTI Act in AJK the study shows that there is no legal or constitutional barrier for the enactment of RTI Act, besides it is an immense need in the territory. The study foresees RTI Act as significant mean to bring democratic reforms and to bridge the gap among the individuals and the government.