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Littérature scientifique sur le sujet « Privacy, Right of – Germany »

Auteur : Grafiati

Publié le 10 mars 2023

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Articles de revues sur le sujet "Privacy, Right of – Germany"

Coors, Corinna. « Headwind from Europe : The New Position of the German Courts on Personality Rights after the Judgment of the European Court of Human Rights ». German Law Journal 11, n^o 5 (1 mai 2010) : 527–37. http://dx.doi.org/10.1017/s207183220001868x.

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In Germany, as in the U.S., the relationship between protection of privacy and freedom of expression has been subject of many decisions. In the U.S. a right of privacy was famously conjured out of common law precedents by Warren and Brandeis. Over the course of a century, it developed into a right of publicity, which gave celebrities the power to prevent the commercial use of their names, endorsements, images, voices, and other attributes of personality by unauthorized third parties. In defining such a right, much attention has been focused on separating what is commercially unacceptable from what is desirable free speech under the First Amendment of the U.S. Constitution. It has also been important to settle the duration of such rights. Publicity rights as a commercial value of a person's identity are therefore well established in the U.S., although state laws vary widely as to the extent of protection. In Germany, due to the constitutional background of the personality right, the balance between public and private interests still operates differently. After the European Court of Human Rights (ECHR) in 2004 convicted the German Federal Republic of violating the Convention for the Protection of Human Rights Fundamental Freedoms, the German Federal Court (Bundesgerichtshof—BGH) took the opportunity to think over its previous position about image rights. Three judgments were examined by the German Constitutional Court (Bundesverfassungsgericht—BVerfG) and one of them was reversed.

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Tolsdorf, Jan, Florian Dehling, Delphine Reinhardt et Luigi Lo Iacono. « Exploring mental models of the right to informational self-determination of office workers in Germany ». Proceedings on Privacy Enhancing Technologies 2021, n^o 3 (27 avril 2021) : 5–27. http://dx.doi.org/10.2478/popets-2021-0035.

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Abstract Applied privacy research has so far focused mainly on consumer relations in private life. Privacy in the context of employment relationships is less well studied, although it is subject to the same legal privacy framework in Europe. The European General Data Protection Regulation (GDPR) has strengthened employees’ right to privacy by obliging that employers provide transparency and intervention mechanisms. For such mechanisms to be effective, employees must have a sound understanding of their functions and value. We explored possible boundaries by conducting a semi-structured interview study with 27 office workers in Germany and elicited mental models of the right to informational self-determination, which is the European proxy for the right to privacy. We provide insights into (1) perceptions of different categories of data, (2) familiarity with the legal framework regarding expectations for privacy controls, and (3) awareness of data processing, data flow, safeguards, and threat models. We found that legal terms often used in privacy policies used to describe categories of data are misleading. We further identified three groups of mental models that differ in their privacy control requirements and willingness to accept restrictions on their privacy rights. We also found ignorance about actual data flow, processing, and safeguard implementation. Participants’ mindsets were shaped by their faith in organizational and technical measures to protect privacy. Employers and developers may benefit from our contributions by understanding the types of privacy controls desired by office workers and the challenges to be considered when conceptualizing and designing usable privacy protections in the workplace.

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Adams, Andrew A., Sarah Hosell et Kiyoshi Murata. « Following Snowden, German uncertainty about monitoring ». Journal of Information, Communication and Ethics in Society 15, n^o 3 (14 août 2017) : 232–46. http://dx.doi.org/10.1108/jices-01-2017-0006.

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Purpose As part of an international study of knowledge of and attitudes to Snowden’s revelations about the activities of the National Security Agency/Government Communications Headquarters, this paper aims to deal with Germany, taking its socio-cultural and political environment surrounding privacy and state surveillance into account. Design/methodology/approach A questionnaire was answered by 76 German University students. The quantitative responses to the survey were statistically analysed as well as qualitative considerations of free text answers. Findings Snowden’s revelations have had an important influence over German students’ attitudes toward privacy and state surveillance, and show concerns over the privacy risks associated with Internet activity. Practical implications The study results imply a need to build a collective awareness of the importance of the right to privacy and its responsibilities, the available technological options for individuals to exert their own privacy and security and the democratic means to agree and enforce appropriate legal restrictions on state surveillance. Social implications Young Germans support Snowden’s actions and would be more willing to emulate him in Germany than in the USA. While many believe that people must give up some privacy and freedom for security, few seem to believe that current US or German approaches are valid and justified. Originality/value This study is the first attempt to investigate the social impact of Snowden’s revelations on German students’ attitudes toward privacy and state surveillance as part of cross-cultural analyses between eight countries.

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V. V., Novitskyi. « Political and legal mechanisms for the protection of human rights through the lens of the European Union countries ». Almanac of law : The role of legal doctrine in ensuring of human rights 11, n^o 11 (août 2020) : 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.

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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.

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Schaller, Christian. « Strategic Surveillance and Extraterritorial Basic Rights Protection : German Intelligence Law After Snowden ». German Law Journal 19, n^o 4 (1 juillet 2018) : 941–80. http://dx.doi.org/10.1017/s2071832200022926.

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This Article examines the statutory and constitutional legal framework governing the bulk collection of communication data by the German Federal Intelligence Service (Bundesnachrichtendienst, BND). German intelligence law distinguishes between certain categories of communications depending on the nationality and location of the participants. The provisions on the surveillance of foreigners abroad are far more permissive than those applying to the monitoring of communications that involve German nationals or foreigners in Germany. This differentiation is the consequence of a narrow interpretation by the German legislator of the personal and territorial scope of the right to privacy enshrined in Article 10 of the Basic Law. While there is no doubt that German nationals enjoy protection under Article 10 wherever their privacy is affected by the actions of the German State, current intelligence legislation is based on the understanding that foreigners are entitled to such protection only while staying in Germany. It will be argued that such discrimination is difficult to reconcile with German constitutional law because Article 10 protects every natural person without regard to nationality and because the Article's applicability is not limited to the territory of the Federal Republic of Germany. This means that the BND is bound by Article 10 irrespective of whether its surveillance activities affect German nationals, foreigners in Germany, or foreigners abroad. Arguably, the level of protection in transnational constellations may be subject to certain modifications. But if basic rights protection is taken seriously, the existing fragmented legislation should be replaced by a uniform statutory regime for strategic surveillance of international communications that meets the minimum standards of Article 10 without bearing reference to a person's nationality or location.

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Rudolf, Beate. « Human Rights in Germany – A View from Germany's National Human Rights Institution ». International Journal of Legal Information 44, n^o 1 (mars 2016) : 50–58. http://dx.doi.org/10.1017/jli.2016.7.

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AbstractThis paper discusses the protection of human rights in Germany through the interplay of constitutional law and international human rights law. It also explores the relationship between specialized human rights treaties on the rights of women, children, and persons with disabilities with “general” human rights treaties and their added value. It will highlight current human rights issues, such as the treatment of refugees, the protection against racist discrimination, and the right to privacy in the digital age.

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GERASIMOVA, Evgeniya V. « THE RIGHT TO BE FORGOTTEN IN THE PRACTICE OF THE CONSTITUTIONAL JUSTICE BODIES OF THE RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY ». Tyumen State University Herald. Social, Economic, and Law Research 6, n^o 3 (2020) : 170–87. http://dx.doi.org/10.21684/2411-7897-2020-6-3-170-187.

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The development of digital technologies affects the legal status of an individual. The task of constitutional justice is the constitutional interpretation of new legal phenomena such as the right to be forgotten. This article aims to analyze the right to be forgotten in the decisions of the Russian Constitutional Court and German Constitutional Court in a comparative aspect. The research methodology is primarily a dialectical method. This method helps the author to identify the content of the right to be forgotten, as well as to determine its role in relation to other constitutionally significant values. The comparative legal method is of particular importance for achieving the objectives of the research and helps to highlight the general and specific in the approaches of the courts to the concept of this right. This approach distinguishes the novelty of this research in comparison with other papers. The use of the dialectical and comparative legal research methods allows drawing the following conclusions. The distinctive feature of the right to be forgotten is its dualistic nature. On the one hand, this is a civil right associated with the right to privacy; on the other, it acts as a way to protect other constitutional rights (for example, the dignity of the individual). This right is not absolute. Some information may be of public interest. To resolve the issue of the prevailing constitutionally significant value in a particular case, the Russian Constitutional Court suggests using the method of finding a balance. The Federal Constitutional Court of Germany emphasized that the right to free personal development and dignity sometimes prevails over freedom of information, especially considering the time factor in the case, as well as the degree of harm caused to a person by links to information posted on the Internet. The German Federal Constitutional Court, characterizing the legal relationship regarding the exercise of the right to be forgotten, highlights that this is a relationship between private subjects with fundamental rights, and refers to the concept of the horizontal effect of fundamental rights (“mittelbare Drittwirkung”) developed in German constitutional law. This article concludes that the decisions of the Russian Constitutional Court and the Federal Constitutional Court of Germany on the right to be forgotten are the guidelines for other courts, as well as the legislator for further improving legal regulation. Taking into account the development of information technologies, the author believes that the constitutional courts will more than once turn to the digital aspects of the legal status of an individual and, in particular, the concept of the right to be forgotten.

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Keenan, Rachel. « Image Rights and Privacy Law – A Summary of the UK Position ». Business Law Review 30, Issue 5 (1 mai 2009) : 110–15. http://dx.doi.org/10.54648/bula2009024.

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This article looks at privacy law in the US, Germany and France before providing a summary of the case law which suggests the emergence of a privacy law in the UK through the expanded and developed areas of law such as breach of confidence, data protection and human rights in order to offer individuals some form of protection over private aspects of their lives where specific privacy legislation has not done so.

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Vettorel, Arianna. « Global Positioning System Evidence in Court Proceedings and Privacy : The Case of Italy ». Air and Space Law 42, Issue 3 (1 mai 2017) : 295–312. http://dx.doi.org/10.54648/aila2017020.

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This article focuses on privacy concerns related to the use of GPS data as evidence in court proceedings and suggests the need for updated, comprehensive international rules on this topic. Indeed, with the lack of international rules on the use of GPS evidence as well as other satellite evidence in trials, domestic courts, when admitting this data as proof, do not always adequately address the need to protect individual fundamental rights, especially the right to respect for private life. This situation is currently a problem in Italy, where there are no specific provisions on this issue and domestic jurisprudence sidesteps these concerns, in spite of the European Court of Human Rights’ statements in Uzun v. Germany. In short, in this report Italy will be treated as a case study, which shows the need for international rules on this matter.

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Martins de Araújo, Luís Cláudio, et Luiz Augusto Castello Branco de Lacerda Marca da Rocha. « A tutela da privacidade na Suprema Corte norte-americana e no Tribunal Constitucional Federal Alemão : perspectivas para um diálogo constitucional transfronteiriço ». REVISTA QUAESTIO IURIS 15, n^o 1 (24 février 2022) : 171–96. http://dx.doi.org/10.12957/rqi.2022.56103.

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ResumoO artigo tem por objetivo verificar o tratamento conferido ao direito à privacidade na evolução da jurisprudência da Suprema Corte dos EUA e do Tribunal Constitucional Federal da Alemanha, analisando sua compatibilidade com o ordenamento jurídico brasileiro e discutindo as bases para o uso persuasivo da jurisprudência estrangeira pelos tribunais.Palavras-Chave: Privacidade. Constitucionalismo transfronteiriço. Consistência argumentativa. Diálogos transnacionais Estados Unidos. Alemanha. AbstractThe article aims to verify the treatment given to the right to privacy in the evolution of the jurisprudence of US Supreme Court and in the Federal Constitutional Court of Germany, analyzing the compatibility with the Brazilian legal system and discussing the bases for the persuasive use of foreign law by the courts.Keywords: Privacy. Cross-border constitutionalism. Rational consistency. Transnational dialogue. United States. Germany.

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Thèses sur le sujet "Privacy, Right of – Germany"

Martin, Klaus. « Das allgemeine Persönlichkeitsrecht in seiner historischen Entwicklung ». Hamburg : Kovač, 2007. http://www.verlagdrkovac.de/978-3-8300-3172-7.htm.

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Zimmer, Martina. « Abortion and the right to life : A case study of South Africa and Germany ». University of the Western Cape, 2016. http://hdl.handle.net/11394/6293.

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Magister Legum - LLM (Public Law and Jurisprudence)
The issue of abortion and the protection of the right to life have been discussed by many academics, yet remains an unresolved topic in many countries. The mere fact that abortion is the deliberate termination of a human pregnancy raises the question, whether or not such an act violates the right to life. Abortion has been legalised in South Africa and Germany. This study explores the area of abortion vis a viz the obligation of South Africa and German under the international and regional human rights instruments to protect the right to life. Notably, the right to life is protected under a plethora of international and regional human rights instruments. At international level, the right to life is protected under Article 3 of the Universal declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights. At regional level of the right to life is protected by Article 2 of the European Convention on Human Rights and Article 4 of the African Charter on Human and Peoples� Rights. To give a broad understanding of the meaning, nature and content of the right to life, this mini-thesis shall critically analyse the words used under the above Articles which protect the right to life. Then the paper will endeavour on its main objective which is to determine whether or not the legalisation of Abortion in South Africa and Germany violates the right to life?

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Brase, Susanne. « Public figures' right to privacy, private law constraints on the media's rights to access and to publish information : a Canadian-German comparative study ». Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0003/MQ36006.pdf.

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Tao, Ran. « The Right to Privacy ». Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/scripps_theses/1338.

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Contemporary debates about the right to privacy were inaugurated by Samuel Warren and Louis Brandeis’ article on the topic. While Warren and Brandeis understand the right to privacy as a stand-alone right, J. J. Thomson interprets it as a cluster of rights that itself intersects with other rights. Despite such disagreement, both accounts point to a deep connection between property rights and one’s right to herself. A close examination of the Lockean and Kantian concepts of property confirms this. In particular, Arthur Ripstein’s Kantian account of innate right and property rights suggests that property rights are derived from the innate right one has in herself. Building on this account, I suggest that one’s innate right and property rights grant one the exclusive control to herself and to her property. Such exclusive control can be conceptualized as the basis for one’s privileged space, any unauthorized access to which and any unauthorized use of what lies within which constitute violation of one’s right to privacy.

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Lander, Angelina M. « Privacy, surveillance and the state a comparison of U.S. and British privacy rights / ». Orlando, Fla. : University of Central Florida, 2009. http://purl.fcla.edu/fcla/etd/CFE0002772.

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Wolfson, Susan Ann. « The right to privacy and education ». Thesis, University College London (University of London), 1989. http://discovery.ucl.ac.uk/10019704/.

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Gibb, Susan Jennifer. « Privacy and Australian law ». Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phg4372.pdf.

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Al-Rawashdeh, Sami H. « Is privacy brought home ? : criminal justice and the right to privacy ». Thesis, University of Aberdeen, 2003. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU176274.

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This thesis is concerned with protection of the right to privacy in the English and Scottish criminal justice systems. The aim of this research is to consider the extent to which privacy has been recognised in both criminal justice systems. It analyses the extent to which the right to privacy is protected by the substantive criminal law of those jurisdictions, as well as in their criminal procedural law. A part of the examination will address the question of whether there should be a criminal offence of violating the privacy of another. The thesis is mainly devoted to addressing whether the right to respect for private life has a place within criminal justice theory and practice. The protection of privacy in the criminal justice system is the predominant subject of this thesis for two main reasons. First, this is an important topic that has been neglected. Prior to this thesis no one had yet addressed this topic at any length as a distinct subject. The protection of privacy in the criminal justice system and the use of substantive criminal law to enforce the privacy rights of victims have received minimal attention in the English jurisprudence. No comprehensive legal and theoretical analysis of the topic could be found in English or Scottish law. Therefore, this topic was crying out for new insights and perspectives. Secondly, the Human Rights Act 1998 incorporates into the UK law certain rights and freedoms set out in the European Convention on Human Rights, including the right to respect for private life enshrined by Article 8. The aim of the Act is to "bring rights home" and give further effect to rights and freedoms guaranteed under the European Convention. The Act requires all public authorities to act in a way which is compatible with the Convention rights. Since the incorporation of the European Convention on Human Rights into United Kingdom law, it is particularly appropriate to ask whether English and Scottish criminal lawyers need to add privacy to their essential lexicon. The Human Rights Act 1998 could be expected to have a profound impact on the right to privacy within the criminal justice system. The European Convention obliges the Contracting States to bring their criminal justice systems into line with the European Convention requirements to protect the fundamental human rights in it. The thesis has the following objectives. First, to address the extent to which the right to privacy is protected by the substantive criminal law and whether privacy rights have been respected in criminal procedure laws. Secondly, to highlight the impact of the Human Rights Act of 1998 on the right to privacy in the criminal justice arena. This thesis shows that although right to privacy has been recognised by the European Convention and incorporated by the Human Rights Act 1998, the criminal justice systems in England and Scotland display little respect for privacy rights. In other words, this study has demonstrated that, as far as privacy is concerned, it is misleading and inaccurate to say that rights have been brought home.

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Mitroff, Melanie. « Privacy : a constitutional right that threatens democracy / ». Lynchburg, VA : Liberty University, 2007. http://digitalcommons.liberty.edu.

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Heite, Martin. « Privacy, Constitutions and the Law of Torts : a Comparative and Theoretical Analysis of Protecting Personal Information Against Dissemination in New Zealand, the UK and the USA ». University of Canterbury. Law, 2008. http://hdl.handle.net/10092/2955.

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The New Zealand Court of Appeal has recently acknowledged the existence of a freestanding tort of invasion of privacy in Hosking v Runting. The tort is in its infancy and the courts are still grappling with essential problems, the most prominent of which is the conflict with countervailing interests in freedom of speech. In need of guidance, the courts turn to overseas authorities, predominantly from the United Kingdom and the United States of America. The commonly found descriptive nature of the comparison invites a broader analysis of these jurisdictions. In this thesis, I offer a theoretically informed comparative law analysis of New Zealand's new tort with the American public disclosure of private facts tort and the British extended breach of confidence action. In all three jurisdictions, the conflict of privacy with individual and societal concerns in freedom of speech has led to an exten-sion of (quasi-) constitutional norms derived, for instance, from the New Zealand Bill of Rights Act 1990 into the common law sphere – the horizontal effect. The horizontal application of constitutional rights poses significant legal problems to the common law, because it has learned to deal with duties rather than rights. The time has come to re-consider the nature of rights in both constitutional and tort law. The comparison shows that New Zealand has effectively adopted two torts – one following the duty-based lead of the United States of America and an alternative modelled along the lines of the more rights-orientated British law. The law of the United Kingdom and the USA differ to a degree that calls their comparability into question. I present the preferable British ap-proach as a 'constitutionalised common law tort of privacy.' The results also show that this model represents a competitive third way to traditional solutions based on common law or statute by means of utilising a statutory human rights instrument as an analytical framework for the common law.

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Livres sur le sujet "Privacy, Right of – Germany"

Vermutung des Künstlerischen : Der Esra-Beschluss des Bundesverfassungsgerichts - eine rechts- und literaturwissenschaftliche Untersuchung. Tübingen : Mohr Siebeck, 2011.

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Barrot, Johannes M. Der Kernbereich privater Lebensgestaltung : Zugleich ein Beitrag zum dogmatischen Verständnis des Art. 2 Abs. 1 GG i.V.m. Art. 1 Abs. 1 GG. Baden-Baden : Nomos, 2012.

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Krings, Thomas. Der Grundrechtsberechtigte des Grundrechts aus Art. 13 GG. Frankfurt am Main : P. Lang, 2009.

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Tinnefeld, Marie-Theres. Einführung in das Datenschutzrecht. 3^e éd. München : R. Oldenbourg, 1998.

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Tinnefeld, Marie-Theres. Einführung in das Datenschutzrecht. 2^e éd. München : Oldenbourg, 1994.

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Meyer-Wieck, Hannes. Der grosse Lauschangriff : Eine empirische Studie zu Anwendung und Folgen des [Paragraphen]100c Abs. 1 Nr. 3 StPO. Berlin : Duncker & Humblot, 2005.

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Der Schutz der absoluten Person der Zeitgeschichte vor indiskreter Wort- und Bildberichterstattung. Frankfurt am Main : P. Lang, 1999.

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Der Schutz der Privatsphäre gegenüber Medien in Deutschland und Japan : Eine rechtsvergleichende Untersuchung der zivilrechtlichen Schutzinstrumente. Tübingen : Mohr Siebeck, 2012.

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Human rights and the protection of privacy in tort law : A comparison between English and German law. New York : Routledge, 2011.

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Schwetzler, Angelika. Persönlichkeitsschutz durch Presseselbstkontrolle : Unter besonderer Berücksichtigung des Ehrenschutzes. Berlin : Duncker & Humblot, 2005.

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Chapitres de livres sur le sujet "Privacy, Right of – Germany"

Čtvrtník, Mikuláš. « Personality Rights, Privacy, and Post-mortem Privacy Protection in Archives : International Comparison, Germany and “Protection of Legitimate Interests” ». Dans Archives and Records, 19–53. Cham : Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-18667-7_2.

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AbstractThis chapter together with Chaps. 3 and 4, will address the protection of personality rights in archives in the broader context of the issue of access to archival records, and in some respects also on the general level of the protection of information not only of personal nature. In doing so, it will focus on several selected specific situations, models, or special procedural settings that can be encountered in the archival systems of some countries, namely the United Kingdom, Germany, and France, and it will also touch on the situation in the USA and some other countries that may also serve as inspirational moments that could potentially be used in other archival systems. Special attention will be paid to post-mortem protection of personality and privacy. This chapter will introduce several illustrative examples from some countries and show how archival legislation can complement the scope of law regulating the field of post-mortem privacy protection. The chapter will focus on introductory general international comparison, the case law of the European Court of Human Rights regarding the archival sector and its relation to the protection of personal data and personal information of living persons, the right to be forgotten together with the freedom of expression, right to access to information and will conclude with an analysis of the specific situation in Germany.

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Braunthal, Gerard. « Responses : Public and Private ». Dans Right-Wing Extremism in Contemporary Germany, 169–200. London : Palgrave Macmillan UK, 2009. http://dx.doi.org/10.1057/9780230251168_8.

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Frohman, Larry. « Virtually Creditworthy : Privacy, the Right to Information, and Consumer Credit Reporting in West Germany, 1950–1985 ». Dans The Development of Consumer Credit in Global Perspective, 129–54. New York : Palgrave Macmillan US, 2012. http://dx.doi.org/10.1057/9781137062079_7.

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Harkiolakis, Nicholas. « Right to Privacy ». Dans Encyclopedia of Corporate Social Responsibility, 2082–87. Berlin, Heidelberg : Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-28036-8_453.

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Moore, Roy L., Michael D. Murray et Kyu Ho Youm. « Right of Privacy ». Dans Media Law and Ethics, 180–227. 6^e éd. New York : Routledge, 2021. http://dx.doi.org/10.4324/9781003166870-5.

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Moore, Roy L., Michael D. Murray, J. Michael Farrell et Kyu Ho Youm. « Right of Privacy ». Dans Media Law and Ethics, 402–50. 5th edition. | New York : Routledge, [2018] | : Routledge, 2017. http://dx.doi.org/10.4324/9781315270746-11.

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Hegemann, Jan. « Germany ». Dans International Libel and Privacy Handbook, 371–84. Hoboken, NJ, USA : John Wiley & Sons, Inc., 2013. http://dx.doi.org/10.1002/9781118653784.ch19.

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Kim, Seongcheol, Samuel Greef et Wolfgang Schroeder. « Germany ». Dans The Far Right in the Workplace, 99–125. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-04002-3_5.

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Macleod, Alistair M. « Privacy : Concept, Value, Right ? » Dans Core Concepts and Contemporary Issues in Privacy, 31–45. Cham : Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-74639-5_3.

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Penney, Jonathon. « The right to privacy ». Dans Human Rights, Digital Society and the Law, 44–57. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2019. : Routledge, 2019. http://dx.doi.org/10.4324/9781351025386-4.

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Actes de conférences sur le sujet "Privacy, Right of – Germany"

Serebrennikova, Anna Valeryevna. « Criminal-law protection of the right to privacy and private life secret, the privacy of correspondence, post and telecommunication privacy in additional German criminal law ». Dans XI International Scientific and Practical Conference. TSNS Interaktiv Plus, 2017. http://dx.doi.org/10.21661/r-118132.

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Vilić, Vida, et Ivan Radenković. « The Right to Privacy, Informational Privacy and the Right to Information in the Cyberspace ». Dans Sinteza 2017. Belgrade, Serbia : Singidunum University, 2017. http://dx.doi.org/10.15308/sinteza-2017-74-78.

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Bernardes, Marciele Berger, Francisco Pacheco de Andrade et Paulo Novais. « Smart Cities, data and right to privacy ». Dans ICEGOV '18 : 11th International Conference on Theory and Practice of Electronic Governance. New York, NY, USA : ACM, 2018. http://dx.doi.org/10.1145/3209415.3209451.

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Thierfeldt, Stefan. « Clearance Levels in Germany : How Do We Know They Are Right ? » Dans ASME 2003 9th International Conference on Radioactive Waste Management and Environmental Remediation. ASMEDC, 2003. http://dx.doi.org/10.1115/icem2003-4803.

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Clearance levels (CL) in Germany have been implemented in the Radiation Protection Ordinance (RPO / Strahlenschutzverordnung StrlSchV) of July 2001 which transforms the EURATOM Basic Safety Standards (BSS) into national legislation. Separate clearance options exist e.g. for metals, building rubble, liquids, buildings, wastes and sites. Meanwhile, the CL have found extensive application at a number of operating nuclear installations in Germany, in particular at those under decommissioning or those which will enter the decommissioning phase soon. The CL are based on extensive studies and have been approved by the competent bodies. Yet there has been and is an ongoing discussion in the interested public whether the basis for the CL is correct. In order to establish a scientific basis for this discussion, a Working Group on Clearance within the German Commission on Radiological Protection (SSK) has been established and studies have been launched by the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. Key issues comprise inter alia: • comparison of German and international CL (scope, values, method of their derivation, etc.); • review and update of German CL for clearance for disposal as a consequence of changes in the (conventional) waste law; • leaching behaviour of relevant radionuclides from cleared building rubble, especially for the long-term behaviour of radionuclides relevant in contaminated concrete of NPPs; • the possibility of multiple exposure for a single individual from various clearance options; • evaluation of the collective dose which may be caused by clearance in Germany and comparison with the reference value of 1 manSv/a.

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Sobolev, N. S. « Restricting the right to privacy of public employees ». Dans SCIENCE OF RUSSIA : GOALS AND OBJECTIVES. LJournal, 2020. http://dx.doi.org/10.18411/sr-10-06-2020-48.

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Antoniou, Giannakis, Udaya Parampalli et Lynn Batten. « Monitoring Employees' Emails without Violating Their Privacy Right ». Dans Eighth International Conference on Parallel and Distributed Computing, Applications and Technologies (PDCAT 2007). IEEE, 2007. http://dx.doi.org/10.1109/pdcat.2007.4420140.

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Deodhar, Bhakti. « Networks of the ‘Repugnant Other’ : Understanding Right-wing Political Mobilization in Germany ». Dans 4th International Conference on Social Science, Humanities and Education. Acavent, 2020. http://dx.doi.org/10.33422/4th.icshe.2020.12.43.

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Semitko, Alexey. « Private-Public Law Dichotomy : A Comparative Analysis of Ideas ». Dans The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-21.

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The Soviet legal system did not assume any division of law into private and public constituents since communist ideology did not recognise anything private as such. The end of the communist experiment and Russia’s transition to democracy, a state governed by the rule of law, a social market economy and respect for human rights logically led to the need to revive private law and its further development, and therefore the idea of dividing law into private law and public law became relevant in legal doctrine. The article contains a brief comparative analysis of Russian and French legal theories in terms of the concerned problem. The methods used are comparative law, legal hermeneutics, the formal legal method and certain elements of cultural and historical analysis. Despite the conventionality of the public-private law dichotomy, its theory is based upon the actual legal reality of the Romano-German family of legal systems; this theory is not just an abstract theorisation, but is feasible. Unlike the French theory, Russian jurisprudence applies an approach suggested by S.S. Alexeev, who points to the conceptual rather than classification-based nature of the dichotomy in the first place, stressing that private law expresses the most important essence of law as a whole and the new trend in its develop ment is to include human rights. Based on this analysis, it is concluded that human rights are the common part that unites public and private law, and therefore their unity is inseparable: prejudice to human rights, as the experience of building communism in Russia (and in other communist countries) showed, inevitably leads first to the destruction of private law, and then to the transformation of public law into a pseudo-legal system.

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Kim, Tae Wan, et Bryan R. Routledge. « Informational Privacy, A Right to Explanation, and Interpretable AI ». Dans 2018 IEEE Symposium on Privacy-Aware Computing (PAC). IEEE, 2018. http://dx.doi.org/10.1109/pac.2018.00013.

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Rapports d'organisations sur le sujet "Privacy, Right of – Germany"

de Leede, Seran. Tackling Women’s Support of Far-Right Extremism : Experiences from Germany. RESOLVE Network, février 2021. http://dx.doi.org/10.37805/pn2021.13.remve.

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Persistent gendered assumptions about women and violence predominately depict women as non-violent and peaceful. Due to this gender blindness and simplistic frames used to understand the attraction of women toward far-right extremist groups, women tend to get overlooked as active participants, and their roles ignored or downplayed. This not only hinders the overall understanding of far-right extremist groups but also impedes the development of effective counterprograms that specifically address the experiences and paths of these women. Drawing from the experiences and insights of German initiatives and from additional literature on the topic, this policy note explores the wide-ranging motivations of women joining far-right extremist groups and the different roles they can play in them. By including wider research to why women leave far-right extremist groups, the policy note offers lessons learned and recommendations that may be helpful in optimizing prevention and exit programs aimed at women in far-right extremist groups beyond the German context.

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Vincent, Charles, Madjid Tavana et Tatiana Gherman. The Right To Be Forgotten – Is Privacy Sold Out in the Big Data Age ? CENTRUM Catolica Graduate Business School, février 2014. http://dx.doi.org/10.7835/ccwp-2014-02-0006.

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Cachalia, Firoz, et Jonathan Klaaren. Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa : Towards a public law perspective on constitutional privacy in the era of digitalisation. Digital Pathways at Oxford, juillet 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/04.

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In this working paper, our focus is on the constitutional debates and case law regarding the right to privacy, adopting a method that is largely theoretical. In an accompanying separate working paper, A South African Public Law Perspective on Digitalisation in the Health Sector, we employ the analysis developed here and focus on the specific case of digital technologies in the health sector. The topic and task of these papers lie at the confluence of many areas of contemporary society. To demonstrate and apply the argument of this paper, it would be possible and valuable to extend its analysis into any of numerous spheres of social life, from energy to education to policing to child care. In our accompanying separate paper, we focus on only one policy domain – the health sector. Our aim is to demonstrate our argument about the significance of a public law perspective on the constitutional right to privacy in the age of digitalisation, and attend to several issues raised by digitalisation’s impact in the health sector. For the most part, we focus on technologies that have health benefits and privacy costs, but we also recognise that certain technologies have health costs and privacy benefits. We also briefly outline the recent establishment (and subsequent events) in South Africa of a contact tracing database responding to the COVID-19 pandemic – the COVID-19 Tracing Database – a development at the interface of the law enforcement and health sectors. Our main point in this accompanying paper is to demonstrate the value that a constitutional right to privacy can bring to the regulation of digital technologies in a variety of legal frameworks and technological settings – from public to private, and from the law of the constitution to the ‘law’ of computer coding.

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Eastman, Brittany. Legal Issues Facing Automated Vehicles, Facial Recognition, and Privacy Rights. SAE International, juillet 2022. http://dx.doi.org/10.4271/epr2022016.

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Facial recognition software (FRS) is a form of biometric security that detects a face, analyzes it, converts it to data, and then matches it with images in a database. This technology is currently being used in vehicles for safety and convenience features, such as detecting driver fatigue, ensuring ride share drivers are wearing a face covering, or unlocking the vehicle. Public transportation hubs can also use FRS to identify missing persons, intercept domestic terrorism, deter theft, and achieve other security initiatives. However, biometric data is sensitive and there are numerous remaining questions about how to implement and regulate FRS in a way that maximizes its safety and security potential while simultaneously ensuring individual’s right to privacy, data security, and technology-based equality. Legal Issues Facing Automated Vehicles, Facial Recognition, and Individual Rights seeks to highlight the benefits of using FRS in public and private transportation technology and addresses some of the legitimate concerns regarding its use by private corporations and government entities, including law enforcement, in public transportation hubs and traffic stops. Constitutional questions, including First, Forth, and Ninth Amendment issues, also remain unanswered. FRS is now a permanent part of transportation technology and society; with meaningful legislation and conscious engineering, it can make future transportation safer and more convenient.

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Blink, Melissa, et Tom Robinson. Report on Panel #4 / Mapping European Populism : Populist Radical Right in Europe’s Heartland and the UK. European Center for Populism Studies (ECPS), juin 2022. http://dx.doi.org/10.55271/rp0005.

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This report is based on the fourth panel of ECPS’s monthly panel series called “Mapping European Populism” which was held online in Brussels on May 26, 2022. The panel brought together top-notch populism scholars from three countries in Europe’s heartland, namely Germany, Austria, France, and the UK. As a by-product of this fruitful panel the report consists of brief summaries of the speeches delivered by the speakers.

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Durovic, Mateja, et Franciszek Lech. A Consumer Law Perspective on the Commercialization of Data. Universitätsbibliothek J. C. Senckenberg, Frankfurt am Main, 2021. http://dx.doi.org/10.21248/gups.64577.

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Commercialization of consumers’ personal data in the digital economy poses serious, both conceptual and practical, challenges to the traditional approach of European Union (EU) Consumer Law. This article argues that mass-spread, automated, algorithmic decision-making casts doubt on the foundational paradigm of EU consumer law: consent and autonomy. Moreover, it poses threats of discrimination and under- mining of consumer privacy. It is argued that the recent legislative reaction by the EU Commission, in the form of the ‘New Deal for Consumers’, was a step in the right direction, but fell short due to its continued reliance on consent, autonomy and failure to adequately protect consumers from indirect discrimination. It is posited that a focus on creating a contracting landscape where the consumer may be properly informed in material respects is required, which in turn necessitates blending the approaches of competition, consumer protection and data protection laws.

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Cachalia, Firoz, et Jonathan Klaaren. A South African Public Law Perspective on Digitalisation in the Health Sector. Digital Pathways at Oxford, juillet 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/05.

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We explored some of the questions posed by digitalisation in an accompanying working paper focused on constitutional theory: Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa. In that paper, we asked what legal resources are available in the South African legal system to respond to the risk and benefits posed by digitalisation. We argued that this question would be best answered by developing what we have termed a 'South African public law perspective'. In our view, while any particular legal system may often lag behind, the law constitutes an adaptive resource that can and should respond to disruptive technological change by re-examining existing concepts and creating new, more adequate conceptions. Our public law perspective reframes privacy law as both a private and a public good essential to the functioning of a constitutional democracy in the era of digitalisation. In this working paper, we take the analysis one practical step further: we use our public law perspective on digitalisation in the South African health sector. We do so because this sector is significant in its own right – public health is necessary for a healthy society – and also to further explore how and to what extent the South African constitutional framework provides resources at least roughly adequate for the challenges posed by the current 'digitalisation plus' era. The theoretical perspective we have developed is certainly relevant to digitalisation’s impact in the health sector. The social, economic and political progress that took place in the 20th century was strongly correlated with technological change of the first three industrial revolutions. The technological innovations associated with what many are terming ‘the fourth industrial revolution’ are also of undoubted utility in the form of new possibilities for enhanced productivity, business formation and wealth creation, as well as the enhanced efficacy of public action to address basic needs such as education and public health.

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Brummel, Lars. Referendums, for Populists Only ? Why Populist Parties Favour Referendums and How Other Parties Respond. Association Inter-University Centre Dubrovnik, décembre 2020. http://dx.doi.org/10.53099/ntkd4302.

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Populists are generally known as supporters of referendums and several populist parties have promoted direct democracy in recent years. To deepen our understanding of the populism referendum link, this study analyses how populist parties in Austria, Belgium, Germany and the Netherlands defend a greater use of referendums and how their non-populist counterparts respond to this populist call for referendums. An analysis of election manifestos shows that populist parties justify their referendum support by characterizing referendums as a purely democratic ideal, by presenting it as an alternative to decision-making by ‘bad’ political elites or by promoting referendums as a tool to realise their preferred policy decisions. Populist referendum support is thus related to people-centrism and ant-elitism, as elements of a populist ideology, but also to strategic considerations. These lines of argument are used by both populists on the right and the left, but anti-elitism is particularly prominent in manifestos of radical rightwing populist parties. Populists are not the only supporters of direct democracy – however, there is no evidence that non-populist parties did become more favourable towards referendums to adapt to the populist call for a greater referendum use.

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Mazurkiewicz, Marek. ECMI Minorities Blog. German minority as hostage and victim of populist politics in Poland. European Centre for Minority Issues, février 2022. http://dx.doi.org/10.53779/fhta5489.

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On 4 February 2022, the Polish Journal of Laws published a new ordinance of the Minister of Education and Science, implementing cuts in the funding of education of German as a minority language. Consequently, the hourly length of such lessons will be significantly reduced. This regulation applies exclusively to the German minority, and the official motive for introducing discriminatory measures is to improve the situation of Polish diaspora in Germany. This is the first time after 1989 when the Polish state authorities introduce a law limiting the rights of Poland’s citizens belonging to a national minority (in this situation children), as a retaliation for the alleged situation of a kin-community elsewhere. Importantly, the adopted regulations are not only discriminatory towards one of the minorities; their implementation may in fact contribute to the dysfunctionality of the entire minority education system in Poland. This is also an obvious violation of the constitutional principle of equality before the law, the right of minorities to ‘maintain and develop their own language’, international standards of minority rights protection, as well as a threat to the very functioning of human rights protection mechanisms in the country.

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Perdigão, Rui A. P. Beyond Quantum Security with Emerging Pathways in Information Physics and Complexity. Synergistic Manifolds, juin 2022. http://dx.doi.org/10.46337/220602.

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Information security and associated vulnerabilities have long been a pressing challenge, from the fundamental scientific backstage to the frontline across the most diverse sectors of society. At the tip of the iceberg of this problem, the citizens immediately feel that the reservation of privacy and the degradation of the quality and security of the information and communication on which they depend for the day-to-day activities, already of crucial relevance, are at stake. Naturally though, the challenges do not end there. There is a whole infrastructure for storing information, processing and communication, whose security and reliability depend on key sectors gearing modern society – such as emergency communication systems (medical, civil and environmental protection, among others), transportation and geographic information, the financial communications systems at the backbone of day-to-day transactions, the information and telecommunications systems in general. And crucially the entire defence ecosystem that in essence is a stalwart in preventing our civilisation to self-annihilate in full fulfilment of the second principle of thermodynamics. The relevance of the problem further encompasses the preservation of crucial values such as the right to information, security and integrity of democratic processes, internal administration, justice, defence and sovereignty, ranging from the well-being of the citizen to the security of the nation and beyond. In the present communication, we take a look at how to scientifically and technically empower society to address these challenges, with the hope and pragmatism enabled by our emerging pathways in information physics and complexity. Edging beyond classical and quantum frontiers and their vulnerabilities to unveil new principles, methodologies and technologies at the core of the next generation system dynamic intelligence and security. To illustrate the concepts and tools, rather than going down the road of engineered systems that we can ultimately control, we take aim at the bewildering complexity of nature, deciphering new secrets in the mathematical codex underlying its complex coevolutionary phenomena that so heavily impact our lives, and ultimately bringing out novel insights, methods and technologies that propel information physics and security beyond quantum frontiers.

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