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Articles de revues sur le sujet "Computer security – Law and legislation – European Union countries"
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Rochette, Gustavo. « Is the French Nuclear Strategy Lawful Under EU Law ? Article 194(2) TFEU and Its Limitations ». European Energy and Environmental Law Review 29, Issue 6 (1 décembre 2020) : 232–39. http://dx.doi.org/10.54648/eelr2020047.
Texte intégralRésumé :
The Fukushima Daishii nuclear disaster lead countries to change their nuclear approaches changed drastically. Although being a traditionally pronuclear country, France followed this tendency by approving a strategy to reduce its nuclear portfolio. Under European law this development is permitted by the right to right to determine its own energy mix include in Article 194(2) of the Treaty of Functioning of the European Union. However, other European legislation that may influence this decision was not considered. This legislation may limit this right and the policy by itself. This article tries to show how, although possible due to the right to determine its own energy mix, the French nuclear strategy may be unlawful under the EU law, namely the European Atomic Energy Community Treaty and the primary and secondary legislation regarding Security of Energy Supply. Nuclear Energy, French Nuclear sector, European Union, Energy mix, TFEU, Euratom, Energy Security, European Energy policy
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Pankov, Yevhenii, Olha Filipshykh et Dmytro Boichuk. « Problems of the environmental law of the European Union ». Problems of Legality, no 155 (20 décembre 2021) : 273–83. http://dx.doi.org/10.21564/2414-990x.155.243720.
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The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.
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Wilson, Kerianne. « Gone With the Wind ? : The Inherent Conflict between API/PNR and Privacy Rights in an Increasingly Security-Conscious World ». Air and Space Law 41, Issue 3 (1 mai 2016) : 229–64. http://dx.doi.org/10.54648/aila2016019.
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Advance Passenger Information (‘API’) and Passenger Name Record (‘PNR’) are an increasingly prevalent phenomenon in the international aviation industry. In the absence of mandatory content and transmission requirements, an increase in the number of countries requiring such data has resulted in significant complexity and expense associated with compliance. Simultaneously, the transfer of API and PNR data runs directly counter to privacy rights of residents of the European Union and other countries with strict privacy legislation, rendering compliance even more difficult. This article explores the background of API and PNR, the international guidance materials regarding content and transmission, the lack of harmonization between the different API and PNR regimes currently in effect, privacy and data protection philosophies and prioritization in the United States and the European Union and the interplay between privacy and API/PNR, the current reality facing airlines, and the emerging trend towards increased data transfers at the expense of privacy.
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Novicic, Zaklina. « Freedom of movement for persons in the European Union Law ». Medjunarodni problemi 55, no 1 (2003) : 57–88. http://dx.doi.org/10.2298/medjp0301057n.
Texte intégralRésumé :
In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.
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Chernadchuk, T. O., et V. O. Berezovska. « THE POLICY OF THE EUROPEAN UNION ON THE FIGHT AGAINST TERRORISM : THE ANALYSIS OF THE EUROPEAN UNION LEGISLATION AND SOME NATIONAL ANTITERRORISM PROGRAMMES ». Constitutional State, no 48 (19 décembre 2022) : 66–76. http://dx.doi.org/10.18524/2411-2054.2022.48.267964.
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Terrorist attacks strike not only the victims, their friends and families, but also the fundamental principles of the European Union. The choice of the topic of the article is caused by the fact that today the European Union recognizes money laundering, terrorist financing and international terrorism as some of the main threats to its financial system and citizens’ security. The purpose of the article is to analyze the main directions of activities and decisions of the European Union in this area. The methodological basis of the work consists of both general scientific and special methods of scientific knowledge. The EU legislation in the sphere of counter-terrorism was investigated using the analytical method, the method of abstraction gave an opportunity to assess the general current state of legal regulation of the fight against terrorism. The use of the comparative legal approach made it possible to analyze the national antiterrorist programmes of chosen European countries. The logical legal method was applied when formulating conclusions and proposals. The article deals with the issues related to the legal aspects of the fight against international terrorism. The paper investigates the steps taken by the European Union, i.e., the adoption of resolutions and strategies, the signing of treaties, the creation of institutions that function with the purpose to combat and prevent terrorist attacks, which are the constituents of the general concept of the antiterrorist system. The authors indicate the most important treaty provisions and institutions as well as their development and influence on the system of the fight against terrorism by the European Union. The purpose of the article is to analyze the main directions of activities and decisions of the European Union in this area. It has been investigated that the external activities of the EU include the support of countries in improving their judicial systems and the potential of law enforcement authorities as well as the integration of European antiterrorist legislation into their security strategies. In the studied countries, the systematic approach to the fight against terrorism is clearly visible.
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Yarema, O., et O. M. Ilyushyk. « Legal aspects of electronic document management in telemedicine ». Analytical and Comparative Jurisprudence, no 6 (18 février 2023) : 218–24. http://dx.doi.org/10.24144/2788-6018.2022.06.39.
Texte intégralRésumé :
In the article from the standpoint of the theory of administrative and information law, based on the current legislation and regulatory requirements of the European Union, the theoretical and practical aspects of electronic document flow in telemedicine are considered. The topicality of the topic determined by the need to improve the legislation with the aim of comprehensive theoretical justification of increasing the effectiveness of telemedicine activities in the conditions of digital transformation of Ukraine. In the course of the study, the methodology of a systematic complex analysis of legal phenomena was applied using factorial and evolutionary methods of research. It is indicated that in the countries of the European Union, three main models of health care information systems have been formed, which differ in the ways of storing medical information and management: decentralized, centralized and patient-oriented. It was noted that the main legal issues of the renewal of the medical system of Ukraine and the directions of activity in the conditions of reform include telemedicine, and its component - electronic document flow. The essence and features of electronic document management in telemedicine in the countries of the European Union have been clarified. The electronic health care systems of individual countries of the European Union considered, attention is paid to the experience of use. The state of legal provision of information security in telemedicine with regard to electronic document flow studied, taking into account the experience of the countries of the European Union. The analysis of ensuring information security in the context of personal data in the medical systems of European countries and Ukraine was carried out. The further vector and direction of the development of the national health care system in terms of the Concept of the development of electronic health care, which is important for medical care and rehabilitation of citizens who suffered during the war, was determined. Important aspects and measures to optimize activities in the field of telemedicine highlighted, which need to be paid attention to during further reform and creation of new digital resources for a more comfortable transition and use of the latest digital technologies in the field of health care.
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Idrizi, Arsim. « THE ROLE AND IMPORTANCE OF THE PARLIAMENT OF THE REPUBLIC OF MACEDONIA FOR THE CONSTRUCTION OF FOREIGN AND SECURITY POLICIES ». Knowledge International Journal 28, no 6 (10 décembre 2018) : 1901–4. http://dx.doi.org/10.35120/kij28061901a.
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Through this scientific research it is analyzed the legislation and the impact of Macedonian Parliament in establishing of Foreign and Security Politics. it is done the analyze about essential sources of the definition of position in the Assembly of Republic of Macedonia, beginning from the Constitution, Regulation and Foreign Law of Parliamentary Work, about the law of Foreign Affairs and Law Framework of Security Politics. As well it is explained the role and the work of Parliamentary Commission in the establishing of Security and Foreign Politics such as: the Commission of Foreign Affairs, Commission of Defense and Security, Commission of Secret Services and the Commission of the European Issues, so far is elaborated Cooperation Board with Other Parliamentary Commissions. At the end of the first part, Work Groups of the Parliament of Republic of Macedonia with parliaments of other Countries.At the first research to International Relationship – Foreign Politics and Security, especially is explored the Relationship and Cooperation with neighboring Countries and with some European South - Eastern, Countries. The role of Parliament of Republic of Macedonia it is analyzed and explained as well and the cooperation with Parliamentarian Assembly of Organization of United Nations (UN), Organization for Security and Cooperation in Europe (OSCE), The Parliament of European Union, Organization of North Atlantic Alliance (OTAN) and European Council.
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Djoric, Marija, et Strahinja Obrenovic. « EVOLUTION OF EU ENERGY LAW AND POLICY : А BIG COMEBACK OF ENERGY SECURITY IN 2022 ? » Politika nacionalne bezbednosti 23, no 2/2022 (12 décembre 2022) : 67–86. http://dx.doi.org/10.22182/pnb.2322022.4.
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The armed conflict in Ukraine in 2022 and subsequent worsening of relations between Western countries, including the EU and its Member States, and the Russian Federation, have deeply shaken the existing EU energy law and policy foundations. During the past decades, the EU attempted to develop a comprehensive energy policy based on three pillars – competitiveness and internal market principles, security of supply, sustainability and environmental protection. Starting in the 1990s, liberalization efforts dominated the electricity and natural gas markets. It did not take long for energy security and environmental protection to gain attention. Enlargement of the European Union and occasional problems with external suppliers prompted new measures regarding the security of supply, while a growing body of legislation is also present in the field of environmental protection. The three objectives of the EU energy policy are not always complementary, and some tension and even confliction between them can’t be excluded. Although the European Union and its institutions attempt to embrace all three pillars under the sustainability umbrella, this hasn’t brought a desirable outcome yet. We are witnessing the big comeback of energy security in 2022, including the adoption of some measures by the Member States that are not in line with decarbonization efforts, at least in short term.
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Božović, Milenko, et Zorančo Vasilkov. « Integrated border management in EU law and its implementation in the Republic of Serbia ». Bezbednost, Beograd 62, no 3 (2020) : 105–23. http://dx.doi.org/10.5937/bezbednost2003105b.
Texte intégralRésumé :
The subject of research in this paper is the protection of the European Union's external borders by the establishment and implementation of The European integrated border management system. In addition to the implementation by the Member States, this system i.e., the adoption of the Union's (Schengen) acquis, is a priority for the candidate countries during accession negotiations. The process of negotiation for the accession of the Republic of Serbia to the European Union and the opening of Chapter 24, entitled Justice, Freedom, and Security, obliges the Republic of Serbia to accept and implement the European legislation into the national legal system within the field of border security and control. The emergence of the European system of integrated management of external borders is connected with the abolition of internal borders within Schengen integration and designed as a system of protection shaped by European Council guidelines, EU Council conclusions and EU secondary law, to become part of primary law after the adoption of the Lisbon Treaty. Its components and application have a significant impact on the permeability of borders for the flow of people and economic goods and the suppression of security threats at the external (EU) borders of member states, the borders of the Western Balkans and the Republic of Serbia.
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Beiter, Klaus D., Terence Karran et Kwadwo Appiagyei-Atua. « Academic Freedom and Its Protection in the Law of European States ». European Journal of Comparative Law and Governance 3, no 3 (28 août 2016) : 254–345. http://dx.doi.org/10.1163/22134514-00303001.
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Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.
Thèses sur le sujet "Computer security – Law and legislation – European Union countries"
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Thebaud, Edern. « Les produits-frontière dans la législation alimentaire de l'Union européenne : émergence d'une santé alimentaire entre logique du marché intérieur et exigences de sécurité ». Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209577.
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Si le droit connaît les médicaments et les denrées alimentaires, il ne reconnaît pas les alicaments. Or, ces dernières années ont vu l’apparition et le développement, sur le marché de l’Union européenne, de « produits-frontière » c'est-à-dire de produits se trouvant à la frontière entre les médicaments et les aliments. Confrontées à un vaste conflit de qualification causé par l’ambivalence conceptuelle des « produits-frontière », les institutions de l’Union ont, au nom de la libre circulation des marchandises ainsi que de la nécessité d’une protection accrue des consommateurs et de la santé publique, entamé, dès le début des années 2000, une large harmonisation des dispositions nationales relatives à ces produits. Considérés comme aliments, leur nature particulière nécessite cependant une approche adaptative de la part du législateur européen. Cette nouvelle approche de l’aliment par le droit, favorable à la reconnaissance d’une santé alimentaire, tant convoitée par la société contemporaine, ne résout toutefois pas l’ambiguïté quant à la place à accorder aux « produits-frontière » dans le corpus juridique de l’Union européenne.Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
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PORCEDDA, Maria Grazia. « Cybersecurity and privacy rights in EU law : moving beyond the trade-off model to appraise the role of technology ». Doctoral thesis, 2017. http://hdl.handle.net/1814/45944.
Texte intégralRésumé :
Defence date: 30 March 2017Examining Board: Professor Marise Cremona, EUI (Supervisor); Professor Deirdre Curtin, EUI; Professor Anne Flanagan, Queen Mary University of London; Professor Ronald Leenes, Tilburg University
This thesis concerns a specific instance of the trade-off between security and ‘privacy rights’, namely cybersecurity, as it applies to EU Law. The research question is whether, and how, the pursuit of cybersecurity can be reconciled with the protection of personal data and respect for private and family life, which I treat as two independent rights. Classic legal argumentation is used to support a normative critique against the trade-off; an in-depth scrutiny of ‘(cyber)security’ and ‘privacy’ further shows that the trade-off is methodologically flawed: it is an inappropriate intellectual device that offers a biased understanding of the subject matter. Once the terms of discussion are reappraised, the relationship between cybersecurity and privacy appears more nuanced, and is mediated by elements otherwise overlooked, chiefly technology. If this fatally wounds the over-simplistic trade-off model, and even opens up avenues for integration between privacy and cybersecurity in EU law, on the other hand it also raises new questions. Looked at from the perspective of applicable law, technology can both protect and infringe privacy rights, which leads to the paradox of the same technology being both permissible and impermissible, resulting in a seeming impasse. I identify the problem as lying in the combination of technology neutrality, the courts’ avoidance in pronouncing on matters of technology, and the open-ended understanding of privacy rights. To appraise whether cybersecurity and privacy rights can be reconciled, I develop a method that bridges the technological and legal understandings of information security and privacy, based on the notions/methods of protection goals, attributes and core/periphery or essence, and which has the advantage of highlighting the independence of the two privacy rights. A trial run of the method discloses aspects of the ‘how’ question that were buried under the trade-off debate, viz. the re-appropriation of the political and judicial process vis-àvis technology.
Chapter 4 draws upon an article in Neue Kriminalpolitik 4/2013
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HAGHIGHI, Sanam Salem. « Energy security. The external legal relations of the European Union with energy producing countries ». Doctoral thesis, 2006. http://hdl.handle.net/1814/6359.
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Defence date: 16 June 2006Examining board: Prof. Bruno de Witte (Supervisor, European University Institute) ; Prof. Marise Cremona (European University Institute) ; Prof. Giacomo Luciani, part time professor, EUI ; Prof. Thomas Wälde, University of Dundee
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
This dissertation offers the first comprehensive assessment of the various internal and external measures undertaken by the European Union to guarantee security of oil and gas supply. It sets out and analyzes in a coherent and thorough manner those aspects of EU external policy that are relevant in establishing a framework for guaranteeing energy security for the Union. What makes the book unique is that it is the first of its kind to bridge the gap between EU energy and EU external policy. The dissertation discusses EU policy towards the major oil and gas producing countries of Russia, the Mediterranean and the Persian Gulf at the bilateral as well as regional and multilateral level. It brings together not only the dimensions of trade and investment but also other important aspects of external policy, namely development and foreign policy. The author argues that the EU's energy security cannot be achieved through adopting a purely internal approach to energy issues, but that it is necessary to adopt a holistic approach to external policy, covering efficient economic relations as well as development co-operation and foreign policies towards energy producing countries. The dissertation will be a valuable resource for students of EU law, WTO law or international energy law, as well as scholars and practitioners dealing with energy issues.
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SOHRAB, Julia Adiba. « Sexing the benefit : women social security and financial independence in EC equality law ». Doctoral thesis, 1994. http://hdl.handle.net/1814/4791.
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GOLABEK, Michal. « 'Weaving a silver thread' : human rights coherence in EU foreign affairs and counter-terrorism ». Doctoral thesis, 2013. http://hdl.handle.net/1814/26445.
Texte intégralRésumé :
Defence date: 21 January 2013PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Examining Board: Professor Ernst-Ulrich Petersmann, European University Institute (Supervisor); Professor Marise Cremona, European University Institute; Professor Alan Rosas, Judge at the Court of Justice of the European Union; Professor Christophe Hillion, University of Leiden and Stockholm University.
Human rights are among the chief values on which the EU is ‘founded’ (Art. 6 TEU) and which it seeks to promote through its external relations (Art. 21 TEU). Coherence with values is a significant rhetorical tool which is used, on the one hand, to justify the development of new policies and instruments, and, on the other hand, to challenge EU actions by civil society, the European Parliament, commentators, but also third countries. This thesis examines whether human rights are indeed a ‘silver thread’ running through everything that EU does as argued by the EU High Representative. To that end, I first analyze why coherence as such, and coherence with values in particular, hold an important place in the EU’s foreign policy integration. As a second step, I discuss the nature of human rights as an international and EU framework for coherent action. I then investigate one particular area of EU external action, namely counter-terrorism policy, with a view to assessing coherence with values in practice, and more specifically to analyzing how successful the EU actually was in integrating human rights in its counter-terrorism instruments such as sanctions, provisions of its international agreements, and external assistance. On this basis, I outline in the third part the legal and policy aspects of human rights coherence, before concluding with the steps which still need to be taken in order to ‘weave a silver thread’ of human rights into EU external policy.
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BLASI, CASAGRAN Cristina. « Towards a global data protection framework in the field of law enforcement : an EU perspective ». Doctoral thesis, 2015. http://hdl.handle.net/1814/36995.
Texte intégralRésumé :
Defence date: 8 June 2015Examining Board: Professor Marise Cremona, European University Institute (Supervisor); Professor Gregorio Garzón Clariana, Autonomous University of Barcelona; Dr. Maria O’Neill, University of Abertay Dundee; Professor Martin Scheinin, European University Institute.
This thesis seeks to examine the existing EU frameworks for data-sharing for law enforcement purposes, both within the EU and between the EU and third countries, the data protection challenges to which these give rise, and the possible responses to those challenges at both EU and global levels. The analysis follows a bottom-up approach, starting with an examination of the EU internal data-sharing instruments. After that, it studies the data transfers conducted under the scope of an international agreement; and finally, it concludes by discussing the current international initiatives for creating universal data protection standards. As for the EU data-sharing instruments, this thesis demonstrates that these systems present shortcomings with regard to their implementation and usage. Moreover, each instrument has its own provisions on data protection and, despite the adoption of a Framework Decision in 2008, this has not brought about a convergence of data protection rules in the JHA field. A similar multiplicity of instruments is also found when the EU transfers data to third countries for the purpose of preventing and combating crimes. This is evident from examining the existing data-sharing agreements between the EU and the US. Each agreement has a section on data protection and data security rules, which again differ from the general clauses of the 2008 Framework Decision. This study demonstrates the influence of US interests on such agreements, as well as on the ongoing negotiations for an umbrella EU-US Data Protection Agreement. One possible way to ensure a high level of EU data protection standards in the field of law enforcement in the face of US pressure is by enhancing the role of Europol. This EU Agency shares information with EU member states and third countries. This thesis demonstrates that Europol has a full-fledged data protection framework, which is stronger than most of the member states’ privacy laws. However, taking Europol rules as a reference for global standards would only partially achieve the desired result. The exchange of data for security purposes does not only involve law enforcement authorities, but also intelligence services. The recent NSA revelations have shown that the programmes used by these bodies to collect and process data can be far more intrusive and secretive than any current law enforcement system. In view of the above, this thesis explores the potential of CoE Convention 108 for the Protection of Individuals with regard to the Automatic Processing of Personal Data and ii the Cybercrime Convention as the basis for a global regime for data protection in law enforcement. This thesis concludes that an optimum global data protection framework would entail a combination of the 108 CoE Data Protection Convention and the Cybercrime Convention. The cumulative effect of these two legal instruments would bind both law enforcement and intelligence services in the processing of data. In sum, by promoting the Europol approach to data protection and existing Council of Europe rules, the EU could play a crucial role in the creation of global data protection standards.
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Roos, Anneliese. « The law of data (privacy) protection : a comparative and theoretical study ». Thesis, 2003. http://hdl.handle.net/10500/1463.
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In present-day society more and more personal information is being collected. The nature of the collection has also changed: more sensitive and potentially prejudicial information is collected. The advent of computers and the development of new telecommunications technology, linking computers in networks (principally the Internet) and enabling the transfer of information between computer systems, have made information increasingly important, and boosted the collection and use of personal information. The risks inherent in the processing of personal information are that the data may be inaccurate, incomplete or irrelevant, accessed or disclosed without authorisation, used for a purpose other than that for which they were collected, or destroyed. The processing of personal information poses a threat to a person's right to privacy. The right to identity is also infringed when incorrect or misleading information relating to a person is processed. In response to the problem of the invasion of the right to privacy by the processing of personal information, many countries have adopted "data protection" laws. Since the common law in South Africa does not provide adequate protection for personal data, data protection legislation is also required. This study is undertaken from a private law perspective. However, since privacy is also protected as a fundamental right, the influence of constitutional law on data protection is also considered. After analysing different foreign data protection laws and legal instruments, a set of core data protection principles is identified. In addition, certain general legal principles that should form the basis of any statutory data protection legislation in South Africa are proposed. Following an analysis of the theoretical basis for data protection in South African private law, the current position as regards data protection in South-Africa is analysed and measured against the principles identified. The conclusion arrived at is that the current South African acts can all be considered to be steps in the right direction, but not complete solutions. Further legislation incorporating internationally accepted data protection principles is therefore necessary. The elements that should be incorporated in a data protection regime are discussed.Jurisprudence
LL. D. (Jurisprudence)
Livres sur le sujet "Computer security – Law and legislation – European Union countries"
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Wessel, Ramses A. The European Union's foreign and security policy : A legal institutional perspective. The Hague : Kluwer Law International, 1999.
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Ryan, Michael H. The EU regulatory framework for electronic communications handbook. 2e éd. London : Bloomsbury Professional, 2010.
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Tom, Hadden, et European Cooperation in the Field of Scientific and Technical Research (Organization), dir. A responsibility to assist : EU policy and practice in crisis-management operations under European security and defence policy : a COST report. Oxford : Hart Pub., 2009.
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Becker-Alon, Shira. The communitarian dimension of the European Union's Common Foreign and Security Policy. Baden-Baden : Nomos, 2011.
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Kapuy, Klaus. The social security position of irregular migrant workers : New insights from national social security law and international law. Cambridge : Intersentia, 2011.
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Perspectives on privacy : Increasing regulation in the USA, Canada, Australia and European countries. Berlin : Boston, 2014.
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Broderick, Terry R. Regulation of information technology in the European Union. London : Kluwer Law International, 2000.
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The European social model and transitional labour markets : Law and policy. Aldershot, Hants, England : Ashgate, 2008.
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Cross-border security over receivables. Munich : Sellier European Law Publishers, 2009.
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1950-, Litan Robert E., dir. None of your business : World data flows, electronic commerce, and the European privacy directive. Washington, D.C : Brookings Institution Press, 1998.
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