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Tubić, Bojan, i Aleksandra Toroman. "Derogations of Article 8 of the European Convention for the protection of human rights and fundamental freedoms during a state of emergency". Zbornik radova Pravnog fakulteta, Novi Sad 57, nr 2 (2023): 415–41. http://dx.doi.org/10.5937/zrpfns57-45043.
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The right to privacy is one of the fundamental human rights, as it encompasses a wide range of relationships related to the private life of the individual. Starting with the right to family life and the right to private life, many institutions that seem very important nowadays, such as data protection, find their place and are part of the right to privacy. Nevertheless, the right to privacy is one of the relative rights protected by the European Convention, which means that it can be derogated in specific cases and under certain conditions. The purpose of this article is to examine the conditions set out in the European Convention for the derogation of right to privacy and to analyse the practice of the European Court of Human Rights. This Court has, in its jurisprudence, restrictively derogated the right to privacy, with fulfilling three conditions: prescription by law, necessary in a democratic society and achieving certain legitimate aim. One of the examples of the possibility of its restriction is the epidemic of the Covid-19 virus. Considering that numerous countries around the world have restricted the right to privacy, the question is whether and to what extent the restriction was in accordance with prescribed conditions for derogation of this right.
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Shuraleva, S. V. "THE RIGHT TO PRIVACY IN LABOR RELATIONS: THEORETICAL PROBLEMS OF LEGAL REGULATION". Вестник Пермского университета. Юридические науки, nr 57 (2022): 527–51. http://dx.doi.org/10.17072/1995-4190-2022-57-527-551.
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Introduction: the article is devoted to research on the right to privacy in labor relations. Purpose: to analyze the current regulation of the right to privacy in Russian labor law, to explore the approaches that have developed in the practice of the European Court of Human Rights (hereinafter – ECtHR) and in the doctrine, to propose directions for improving labor legislation in terms of the right to privacy. Methods: general, general scientific methods; special scientific methods (system-structural, formal-legal, comparative-legal).Results: the right to privacy (to respect for private and family life, home, and correspondence) is generally recognized and is contained both in international acts and in regional (interregional, subregional) conventions and declarations. In the absence of definitions of private life and privacy in international documents and Russian legislation, of particular importance is how these concepts are interpreted by national and international courts. In contrast to the definitions of private life and privacy given by the Constitutional Court of the Russian Federation, the ECtHR considers professional activity to be part of private life since it allows people to build communication with the outside world. Analysis of the ECtHR decisions on the complaints of employees about the violation of Article 8 of the European Convention on Human Rights reveals the most typical violations of the right to respect for private and family life in the workplace in the practice of the ECtHR, and also indicates the increasing urgency of this issue. Despite Russia's withdrawal from the Council of Europe, it is advisable to take into account the legal positions of the ECtHR, along with its legal doctrine, when preparing proposals for amending and supplementing labor legislation. Noting the insufficiency of the current labor law regulation with regard to privacy, the paper explores the theoretical aspects of personal non-property labor rights and the right to privacy in labor relations, outlines the possible directions for improving labor legislation. Conclusions: the author notes development of the employee’s right to privacy, supplemented with the right to disconnect; it is expedient to include the right to privacy in the list of basic rights of employees in the Labor Code of the Russian Federation, while establishing the corresponding obligation of the employer. Since the right to privacy is realized not only in labor relations but also in some other, directly related, legal relations, it is proposed, taking into account the terminology of the Labor Code of the Russian Federation, to supplement the list of basic principles provided in Article 2 of the Labor Code with the principle of ensuring privacy in labor and other directly associated relations.
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Peters, Najarian. "The Right to Be and Become: Black Home-Educators as Child Privacy Protectors". Michigan Journal of Race & Law, nr 25.1 (2020): 21. http://dx.doi.org/10.36643/mjrl.25.1.right.
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The right to privacy is one of the most fundamental rights in American jurisprudence. In 1890, Samuel D. Warren and Louis D. Brandeis conceptualized the right to privacy as the right to be let alone and inspired privacy jurisprudence that tracked their initial description. Warren and Brandeis conceptualized further that this right was not exclusively meant to protect one’s body or physical property. Privacy rights were protective of “the products and the processes of the mind” and the “inviolate personality.” Privacy was further understood to protect the ability to “live one’s life as one chooses, free from assault, intrusion or invasion except as can be justified by the clear needs of community living under a government of law.” Case law supported and extended their theorization by recognizing that privacy is essentially bound up in an individual’s ability to live a self-authored and self-curated life without unnecessary intrusions and distractions. Hence, privacy may be viewed as the right of individuals to be and become themselves. This right is well-established; however, scholars have vastly undertheorized the right to privacy as it intersects with racial discrimination and childhood. Specifically, the ways in which racial discrimination strips Black people—and therefore Black children—of privacy rights and protections, and the ways in which Black people reclaim and reshape those rights and protections remain a dynamic and fertile space, ripe for exploration yet unacknowledged by privacy law scholars. The most vulnerable members of the Black population, children, rely on their parents to protect their rights until they are capable of doing so themselves. Still, the American education system exposes Black children to racial discrimination that results in life-long injuries ranging from the psychological harms of daily racial micro-aggressions and assaults, to disproportionate exclusionary discipline and juvenile incarceration. One response to these ongoing and often traumatic incursions is a growing number of Black parents have decided to remove their children from traditional school settings. Instead, these parents provide their children with home-education in order to protect their children’s right to be and become in childhood.
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Weinreb, Lloyd L. "The Right to Privacy". Social Philosophy and Policy 17, nr 2 (2000): 25–44. http://dx.doi.org/10.1017/s0265052500002090.
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The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right.
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Rengel, Alexandra. "Privacy as an International Human Right and the Right to Obscurity in Cyberspace". Groningen Journal of International Law 2, nr 2 (5.12.2014): 33. http://dx.doi.org/10.21827/5a86a81e79532.
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Fundamental rights are considered to be those which human beings have by the fact of being human and are neither created nor can be abrogated by any government absent extraordinary circumstances. They are fundamental in that the enjoyment of such rights is necessary to live a life with dignity. Fundamental rights are recognized by several international conventions and treaties such as the International Convention on Civil and Political Rights, and the International Convention on Economic and Social Rights and they include cultural, economic, and political rights, such as the right to life, the right to liberty, the right of association, and the right to freedom of religion. Privacy is an essential human need. Although the concept of privacy has a certain abstract quality to it that makes it difficult to define, instinctively, humans need to know that they can keep some things secret from others. Absent extraordinary circumstances the need for humans to have a certain degree of privacy is innate. Perhaps as a result of that intrinsic need, privacy as a concept has been recognized in a social as well as a legal sense in most cultures from time immemorial. Today, the right to privacy is considered to be an identifiable human right with universal qualities deserving legal recognition and protection, although the scope of such legal protection is still being determined. In reviewing the concept of privacy, new technologies often make us wonder what level of protection of our right to privacy is possible in a world where personal information about us can be accessed not by infringing our physical space, but by invisible hands that can access our most private secrets just by pressing a button and looking at a screen. New technologies in the form of the Internet, social networks, remote access to information, etc., make it increasingly more difficult to maintain privacy rights in cyberspace such that online invisibility has become impossible. The quest for invisibility is the idea that individuals should be able to choose to remain invisible online. In order for that scenario to become a reality more emphasis needs to be made on the universal recognition of privacy principles in the context of cyberspace. Additionally, design based privacy solutions must be created to protect individuals’ privacy in cyberspace.
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Wang, Yanbing. "Privacy Protection of Public Figures in China—The Case of Yundi Li’s Prostitution". Studies in Law and Justice 2, nr 2 (czerwiec 2023): 109–17. http://dx.doi.org/10.56397/slj.2023.06.15.
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Since the birth of the right to privacy, more and more attention has been paid to the protection of the right to privacy. In China, since the introduction of privacy rights from the West, the protection of privacy rights has been focused on civil law, while the protection of privacy rights in legislation and judicial practice in other branches of law has only been superficial but not in-depth. The effect of civil law on the protection of privacy rights is undeniable, especially after the introduction of the Civil Code, which provides more thorough and complete regulations on privacy rights in the field of civil law. However, with the development of society, relying on civil law alone to protect the right to privacy has become a challenge. The protection of the right to privacy of public figures is even more lacking. For example, the case of Li Yundi’s prostitution, which was publicly reported by the Beijing Chaoyang Public Security Bureau on 21 October 2021, reveals the loopholes in the protection of privacy and the privacy of public figures in China. Firstly, civil law in China has been effective in protecting the right to privacy, but in this case, the right of public security to disclose Li Yundi’s private life involves the infringement of citizens’ privacy by public power. Secondly, in China, public figures are often involved in the public interest, and it is the consensus of the academia and society as a whole that anyone in conflict with the public interest should give way to the public interest. However, in judicial practice, the author believes that it is unfair to treat public figures and ordinary citizens differently in terms of privacy rights when the public interest is not seriously endangered. Therefore, this article aims to analyse the current status and shortcomings of the legislation and judicial practice on the protection of the privacy of public figures in China on the basis of the right to privacy and the privacy of public figures, and to draw on the advanced experience of other countries in order to establish and improve the privacy protection mechanism of public figures in China.
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Anderson, Scott A. "Privacy Without the Right to Privacy". Monist 91, nr 1 (2008): 81–107. http://dx.doi.org/10.5840/monist200891114.
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CREIGHTON, HELEN. "Right of Privacy". Nursing Management (Springhouse) 16, nr 3 (marzec 1985): 15???17. http://dx.doi.org/10.1097/00006247-198503000-00003.
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Serwin, Andrew. "Privacy 3.0-The Principle of Proportionality". University of Michigan Journal of Law Reform, nr 42.4 (2009): 869. http://dx.doi.org/10.36646/mjlr.42.4.privacy.
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Individual concern over privacy has existed as long as humans have said or done things they do not wish others to know about. In their groundbreaking law review article The Right to Privacy, Warren and Brandeis posited that the common law should protect an individual's right to privacy under a right formulated as the right to be let alone-Privacy 1.0. As technology advanced and societal values also changed, a belief surfaced that the Warren and Brandeis formulation did not provide sufficient structure for the development of privacy laws. As such, a second theoretical construct of privacy, Privacy 2.0 as expressed in Dean Prosser's work Privacy was created. Dean Prosser continued (or expanded) upon the concepts formulated by Warren and Brandeis, particularly in emphasizing the role of common law in protecting privacy. These works, while influential in their time, do not account for paradigm shifts in technology, or, perhaps more importantly, changes in how people live their lives. The unending advance of technology and changes in societal norms fundamentally dictate that privacy theory must change over time, or it will lose its relevance. Indeed, in today ' Web 2.0 world where many people instantly share very private aspects of their lives, one can hardly imagine a privacy concept more foreign than the right to be let alone. The question confronting modern-day privacy scholars is this: Can a common law based theory adequately address the shifting societal norms and rapid technological changes of today's Web 2.0 world where legislatures and government agencies, not courts, are more proactive on privacy protections? This Article argues that the answer is no and instead argues that the overarching principle of privacy of today should not be the right to be let alone, but rather the principle of proportionality. This is Privacy 3. 0.
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Fareed Majeed, Majeed Mohamed. "Privacy Types". Randwick International of Education and Linguistics Science Journal 2, nr 1 (30.03.2021): 52–58. http://dx.doi.org/10.47175/rielsj.v2i1.199.
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The right to privacy is one of the most problematic rights. In the absence of any consensus on a clear theoretical basis for the concept of privacy; there is hardly a link, reliable, between the various issues and topics, which are included under this right. Privacy claims are used to defend rights that seem quite divergent, such as the right not to be monitored by phone calls, and the right to know what a telecom company keeps of personal data for its customers. The absence of a clear theoretical basis for the right to privacy is exacerbated by the fact that it is exposed to multiple dangers in the era of the massive expansion of the use of the Internet and the development of its applications.
The actuality of material, described in the article, conditioned the urgent necessities of society simply to settle a question about privacy types and their appliance in the society.
Theoretical and legal conversations about the relationship between taws and privacy were investigated in the article. This paper makes a contribution to a forward-looking privacy framework by examining the privacy impacts of six new and emerging technologies. It examines the privacy issues that each of these technologies present and contends that there are seven distinct sorts of privacy. This contextual investigation data propose that a loose conceptualization of privacy might be important to keep up a smoothness that empowers new measurements of privacy to be identified, that will be understood and addressed so as to adequately react to quick technological evolution.
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Álvarez-Valenzuela, Daniel. "The Constitutional System for the Protection of Privacy in Chilean Law". Global Privacy Law Review 2, Issue 2 (1.06.2021): 131–40. http://dx.doi.org/10.54648/gplr2021017.
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This article proposes a systemic review of the protection of privacy in the Chilean Constitution, understood not only by the norms of Article 19 No. 4, the right to privacy and the right to the protection of personal data, but also through the normative content provided by No. 5, which comprises the rights to the inviolability of the home, private communications and documents, subject to constitutional protection. When we conceive the privacy protection standards set out in Chilean constitutional law as a system, we can appreciate that despite the obvious differences between the different rights that form this system, there are areas where they do intersect or overlap when applying them to specific facts. This wide scope of protection is essential to apply the right to privacy as a strong defence against the threats and risks posed by the use of digital technologies. Chile, Privacy, Constitutional Law, Personal Data, Private Communications, Informational Self-Determination
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Drywa, Anna. "Taxpayer’s Right to Privacy?" Intertax 50, Issue 1 (1.01.2022): 40–55. http://dx.doi.org/10.54648/taxi2022004.
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In the last decade, one of the most important tax challenges has been the fight against tax evasion and tax crime. In response to these phenomena, a number of initiatives have been undertaken that have a side effect of reducing the privacy of taxpayers. In view of the many undoubtedly important observations made in the context of the fight against taxpayers’ dishonesty, this discussion seems to be overly biased and should be balanced by a reflection on the need to protect the rights of taxpayers, among others, and the right to privacy. Attention should be paid to the legislator’s visible tendency to overstep the boundaries of their privacy. Most amendments to tax law are dramatically demonstrating how much of their privacy they have already surrendered. The article approaches the topic from a broad perspective beginning with the meaning and scope of the right to privacy from a constitutional perspective. Reflecting on privacy is never easy as it is a dynamic concept with fluid boundaries. The regulations introducing the right to privacy are of a general nature. The decisions of the courts in that regard are inherently fragmentary and do not allow a general understanding to be decoded. Nor has a universally accepted definition of privacy or the right to privacy been developed. Against this background, the extent of taxpayers’ privacy has been considered. A number of factors have been discussed that demonstrate a change in views in tax law and a trend towards restricting taxpayers’ privacy. The question is whether a taxpayer has a genuine right to privacy or whether they only have a substitution of such protection. Right to privacy, taxpayer’s privacy, tax, taxpayer, taxpayers’ rights, taxpayer situation.
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Ivanova, Zh B., i L. F. Tatarinova. "Problems of correlation of the right to information and the right to privacy on the internet". Eurasian Scientific Journal of Law, nr 3 (4) (21.12.2023): 32–39. http://dx.doi.org/10.46914/2959-4197-2023-1-3-32-39.
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The article analyzes the legal regulation of the private life of citizens, which is becoming increasingly open due to the expansion of modern Internet resources. The relevance of this issue both in the Republic of Kazakhstan and in Russia is confirmed by the growing volume of litigation on the topic of our research. The main goal of our research is to reveal fundamental human rights and freedoms related to information related to private life with the expansion of digital technologies and, in particular, the Internet. The authors made an attempt to correlate the right to freedom of information and the right to ensure privacy on the Internet. The results obtained by the authors may be useful in solving problems of qualifying acts related to violation of the right to privacy if there is a conflict with the right to receive information. The authors used a wide variety of research methods, the main one of which was the comparative legal method, which was used both when comparing the institutions of the right to privacy and the right to information. At the end of this study, the authors came to the conclusion that both the right to privacy and the right to information on the Internet are implemented exclusively within the framework of the law and with mandatory consideration of the consequences of violating such rights.
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Butnaru, Iulia. "Conceptual Landmarks Regarding the Right to Private Life". Studii Juridice Universitare, nr 1 (listopad 2022): 81–88. http://dx.doi.org/10.54481/sju.2022.1.07.
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Despite the attention paid in recent years to privacy, there is still no agreement on the exact meaning of the term. We believe that of all the fundamental rights, privacy is the most difficult category to define because of the specific aspects inherent to it. Nowadays, it is more and more difficult to protect privacy and, in particular, the privacy of information as a value. At the global level there are fears regarding the violation of privacy due to the increase in the power and speed of information technology. By virtue of them, it is absolutely necessary to develop and implement at the state level a viable mechanism for the protection of the right to privacy. Considering the evolution over time of the notion of privacy, as well as taking into account the sensitive connotations it carries, we could define the right to privacy as follows: „The right to private life is a right to individualism, which consists in the ability to live safe from the eyes of others, as well as the ability to establish and develop relationships with others”.
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Volkova, Yu F. "The right to privacy in the context of globalization". Analytical and Comparative Jurisprudence, nr 5 (17.11.2023): 113–18. http://dx.doi.org/10.24144/2788-6018.2023.05.18.
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The human right to privacy was first proclaimed in the Universal Declaration of Human Rights. Today, the right to privacy is enshrined in many constitutions of democratic countries. In the conditions of globalization processes of technological progress, digitization, and the Internet, the right to privacy attracts more and more attention of scientists, since the information environment causes threats to a person's private life without his knowledge. The article focuses on the right to privacy in the context of information globalization. Situations of violation of the right to privacy are analyzed. Attention is focused on existing threats to information privacy, which are the most common nowadays. The reasons for a possible interference in the information privacy of a person have been established. The expediency of certain limitations of the right to privacy is determined and the reasons for such necessity are given. Attention is drawn to the fact that the personal information protection mechanism needs constant improvement, as new trends and aspects of its protection appear every year. The norms of international documents that regulate the specified issues have been analyzed. Taking into account the normative legal acts, the practical state of the realization of the right to privacy in the conditions of modern information technologies in Ukraine has been investigated. A number of criteria have been singled out for restrictions on the disclosure of information that falls under the sphere of a person's private life. With the advent of computers, the advent of the Internet and the spread of automated processing of personal information, the right to privacy acquires additional meaning. In view of the modern development of electronic technologies, the prevalence of subjects whose main activity is the collection, storage and use of personal data of users for the purpose of advertising or forming public opinions, the question of the value of private life and the protection of this right by Internet users is relevant.
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Ziemblicki, Bartosz. "Modern Technologies as a Challenge for the Right to Privacy under the European Convention on Human Rights". International Community Law Review 25, nr 6 (21.11.2023): 589–604. http://dx.doi.org/10.1163/18719732-bja10116.
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Abstract The paper explores the right to privacy as a human right and its contemporary challenges in the digital age. It discusses the definition of privacy, its recognition in international human rights documents, and the wording of the right to privacy in the European Convention on Human Rights (ECHR). The article highlights the increasing difficulty of protecting privacy in the digital age and the potential threats posed by modern technologies. It also examines the balance between the right to privacy and freedom of expression, particularly on the internet, citing relevant case law from the European Court of Human Rights (ECtHR). Furthermore, the article discusses mass surveillance and the protection of personal data as a component of the right to privacy. It emphasizes the importance of effectively enforcing the right to privacy to protect individuals and societies.
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Lemley, Mark. "Privacy, Property, and Publicity". Michigan Law Review, nr 117.6 (2019): 1153. http://dx.doi.org/10.36644/mlr.117.6.privacy.
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Khomichov, I. O. "The compliance of the anti-corruption legislation of Ukraine to the person's right to privacy". Legal horizons, nr 22 (2020): 47–51. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p47.
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The article is devoted to the study of the compliance of the rights and obligations of the person authorized to perform the functions of the state or local government to the right to respect for private life, including the submitting and publishing property declaration. The author determines the approaches of national and foreign researchers to the essence of the concept of the right to privacy and concludes that it is a natural right, that includes the right to respect for private and family life, housing and correspondence. The norms of the Constitution of Ukraine and the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 concerning the human right to privacy are revealed. It іs determined that one of the main reasons for the need to introduce in Ukraine the institution of declaring for officials of public authorities is the obligation of Ukraine to comply with the United Nations Convention against Corruption, and found that domestic law is stricter than the Convention. It is concluded that human rights are the priority area of state protection, so the requirements of anti- corruption legislation on disclosure of information about personal and family life of persons, authorized to perform state and local government functions, in the declaration and access of such information is a violation of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and Art. 8, 32 of the Constitution of Ukraine. The author affirms that the disclosure of such a volume of information about any person is an indisputable violation of his right to privacy and family life. Key words: the right to privacy; the right to respect for private and family life; a person authorized to perform the functions of the state and local self-government; declaration; prevention of corruption.
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Katzav, Gilad. "Compartmentalised data protection in South Africa: The right to privacy in the Protection of Personal Information Act". South African Law Journal 139, nr 2 (2022): 432–70. http://dx.doi.org/10.47348/salj/v139/i2a8.
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In European Union (‘EU’) law, the entrenched right to data protection is an independent fundamental right. EU case law has gradually disconnected the right to data protection from the right to a private life. South Africa’s first exclusive data protection legislation, the Protection of Personal Information Act 4 of 2013 (‘POPIA’), is redolent of EU data protection legislation. However, the stated purpose of the POPIA is to give effect to the right to privacy. This article examines whether the laws of data protection can be wholly encapsulated within s 14 of the Constitution. To this end, this article considers two main conceptions of privacy in our law. The first is Neethling’s informational privacy and the reasonable expectation of privacy. The second is Rautenbach’s theory of informational control over personal matters in relation to other rights. On either approach, I argue that the substantive provisions of the POPIA are irreducible to privacy protection alone. Ultimately, framing the POPIA exclusively within the domain of privacy will either (i) unduly restrict legislative interpretation; or (ii) the true meaning of privacy will be diluted, leading to legal uncertainty. To avoid this, I suggest distinguishing between the value of privacy in the POPIA and the actual loss of privacy.
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JURAU, Sinziana-Maria. "Minor’s right to privacy balanced against a broadcaster’s freedom of expression. The case of IVŢ vs Romania". Studia Universitatis Babeș-Bolyai Ephemerides 67, nr 2 (30.12.2022): 5–14. http://dx.doi.org/10.24193/subbeph.2022.2.01.
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"This case study discusses the recent judgment of the European Court of Human Rights (ECtHR) in the case of I.V.Ţ. v. Romania 01.03.2022 (application no. 35582/15). The ECtHR assessed the Romanian’s State fulfillment of its obligation to protect the right to private life of minors as guaranteed by article 8 of the European Convention on Human Rights (ECHR) and how the national courts balanced the right to privacy against media’s right to freedom expression as stipulated by article 10 ECHR. Keywords: IVŢ vs Romania, privacy, minor, violation of article 8, freedom of expression"
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Marif Jafarov, Nijat. "THE PRINCIPLE OF CONFIDENTIALITY IN MEDIATION AND “RIGHT TO PRIVACY”". SCIENTIFIC WORK 65, nr 04 (23.04.2021): 420–22. http://dx.doi.org/10.36719/2663-4619/65/420-422.
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Confidentiality is an innate principle of mediation, by which it is understood that all information generated during the process is protected and its disclosure cannot cause negative or damaging effects on the parties. This principle is present in mediation mainly to give security to the parties, who, knowing that what is dealt with in the process is protected by confidentiality, approach an arrangement with greater freedom and security that everything that is discussed. Although mediation is advertised as protecting the privacy of the parties, the exploration of the underpinnings of confidentiality in the right to privacy is sorely neglected. If most parties prefer keeping everything said in mediation private, then mediation offers a rare opportunity to exercise the right to privacy. Parties may assert their right to privacy in mediation in relation to both the government, and, within limits, other citizens. This article will discuss the confidentiality principle of mediation as an application of the right to privacy. Key words: alternative dispute resolution, mediation, confidentiality, right to privacy
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Koterski,, Joseph W. "The Right to Privacy". International Philosophical Quarterly 49, nr 3 (2009): 414–16. http://dx.doi.org/10.5840/ipq200949357.
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Anonymous. "NSF's right to privacy". Eos, Transactions American Geophysical Union 75, nr 42 (1994): 490. http://dx.doi.org/10.1029/94eo01096.
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Rubenfeld, Jed. "The Right of Privacy". Harvard Law Review 102, nr 4 (luty 1989): 737. http://dx.doi.org/10.2307/1341305.
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Klein, Sandra S. "Your Right to Privacy". Legal Reference Services Quarterly 12, nr 2-3 (24.02.1993): 217–31. http://dx.doi.org/10.1300/j113v12n02_07.
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Trossman, Susan. "RNs’ Right to Privacy". AJN, American Journal of Nursing 105, nr 9 (wrzesień 2005): 73–75. http://dx.doi.org/10.1097/00000446-200509000-00031.
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Gebbie, Kristine M. "Privacy: The Patient’s Right". American Journal of Nursing 101, nr 6 (czerwiec 2001): 69–73. http://dx.doi.org/10.1097/00000446-200106000-00026.
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Morton, Bruce. "The Right to Privacy". Journal of Government Information 24, nr 2 (marzec 1997): 137–38. http://dx.doi.org/10.1016/s1352-0237(97)80902-1.
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Rotenberg, Marc. "The right to privacy". Government Information Quarterly 13, nr 2 (styczeń 1996): 211–12. http://dx.doi.org/10.1016/s0740-624x(96)90114-8.
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Keegan, M. "Patients' right to privacy". BMJ 339, nr 02 2 (2.11.2009): b4509. http://dx.doi.org/10.1136/bmj.b4509.
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Oqvist, K. L. "A right to privacy". ITNOW 51, nr 2 (1.03.2009): 10–11. http://dx.doi.org/10.1093/itnow/bwp026.
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Ren, Raphael, Tiong Guan Saw i Sujata Balan. "IS THERE A PRIVATE RIGHT TO PRIVACY IN MALAYSIA?" IIUM Law Journal 30, nr 1 (7.07.2022): 1–32. http://dx.doi.org/10.31436/iiumlj.v30i1.648.
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Despite widespread recognition as a fundamental human right across common law and civil law jurisdictions, the right to privacy remains a novel concept yet to be fully defined in Malaysia. Due to the absence of written law, Malaysian courts remain starkly divided on whether the right to privacy can sustain a free-standing cause of action enforceable between individuals in civil actions distinct from trespass, nuisance and breach of confidence. To resolve this legal conundrum, this article examines the current state of Malaysian law in recognising invasion of privacy as an actionable tort based on conventional norms. Reference will be made to primary sources of law, i.e., the Federal Constitution, statutes, and judicial decisions, as well as secondary sources of law inclusive of scholarly writings and judicial decisions from foreign common law jurisdictions where laws on privacy have ripened, i.e. the US, UK, New Zealand, and Canada. The article consists of three parts. the first part provides a summary of normative values of privacy. Second, examination of the judicial decisions by the Malaysian Federal Court, Court of Appeal, and High Court on the right to privacy. Third, evaluation of alternative sources of written law and the common law tests to establish the tort of invasion of privacy. This article concludes that a fresh paradigm is required to develop the Malaysian legal framework on privacy to ensure coherence with its normative origins and consistency with the legal standards of other common law jurisdictions.
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Emmer De Albuquerque Green, Caroline, Anthea Tinker i Jill Manthorpe. "Respecting care home residents’ right to privacy: what is the evidence of good practice?" Working with Older People 22, nr 4 (10.12.2018): 198–210. http://dx.doi.org/10.1108/wwop-06-2018-0014.
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Purpose The purpose of this paper is to review and discuss evidence of good practice in respecting care home residents’ right to privacy. The right to privacy is a fundamental human right as enshrined in international and domestic law and standards. In the context of increasing interest in using a human rights approach to social care in care homes for older people, this literature review summarises research evidence on what respecting the human right to privacy of care home residents entails in practice. Design/methodology/approach This literature review followed a rigorous systematic approach to the scoping review, inspired by the Joanna Biggs Institute’s guidelines for conducting systematic reviews. A total of 12 articles were included in the review. Findings The research took a multidimensional understanding of privacy in their studies. The dimensions can be categorised as physical, inter-relational or related to personal data. The review highlights three good practice points. First, it is good privacy practice in care homes to make available single-occupancy bedrooms to residents since this offers the opportunity to personalising this physical space with furniture and web belongings, adding a sense of ownership over the space. Second, residents appreciate being able to choose when and how they spend their time in their own bedrooms. Third, it is good practice to respect residents’ private physical space and private choices, for example by knocking on doors before entering or agreeing with the resident when it is permissible to enter. The review also found that in some studies privacy considerations were relevant to communal living areas within care homes, including the use of surveillance cameras and the sharing of personal data. Originality/value This literature review adds to the body of academic literature on human rights and social care in practice. It also highlights areas for future research relating to the right to privacy in care homes.
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Milenković, Jelena. "The right to privacy under Article 8 of the European Convention of Human Rights and legality of epidemiological monitoring measures to combat the Covid-19 virus pandemic". Zbornik radova Pravnog fakulteta Nis 59, nr 89 (2020): 303–20. http://dx.doi.org/10.5937/zrpfn0-28305.
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In this paper, the author analyzes the protection of the right to privacy under Article 8 of the European Convention on Human Rights (ECHR) at the time of the Covid-19 virus pandemic. At the beginning of the pandemic, European countries had a large number of infected people and some countries encountered a collapse of their health systems. As the situation was beyond control, it raises the question whether such a situation was caused by the non-implementation of epidemiological monitoring measures, which is comparable to the extent and manner of implementing these measures in the Far East; namely, the question is whether the democratic system remained unprotected due to the EU countries' observance of democratic human rights standards, specifically the right to privacy. Given that epidemiological monitoring measures are currently the most important instrument for combating the Covid-19 virus pandemic, European countries have to fulfill the condition of legality in implementing these measures, which interfere with the citizens' right to privacy. In that context, the author explores the case law of the European Court of Human Rights (ECtHR), which ensures judicial protection of the rights guaranteed by the Convention (including the right to private life), focuses on the definition of the concept of the right to privacy, and examines whether epidemiological monitoring measures fall into the corpus of privacy rights. Relying on a detailed analysis of the ECtHR case law, the author points to the specific requirements that must be met in order for the epidemiological monitoring measures to be considered legal.
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Bilius, Mindaugas. "The Right to Privacy and Private Detective Activities in Lithuania". Baltic Journal of Law & Politics 5, nr 2 (1.12.2012): 1–26. http://dx.doi.org/10.2478/v10076-012-0008-9.
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ABSTRACT Private detectives have been providing their services in Lithuania for about a decade; however, only now has the Seimas of the Republic of Lithuania started to discuss whether it is expedient and necessary to regulate the activities of private detectives by means of a separate law. One of the goals of a separate legal regulation of private detective activities is the protection of human rights, particularly the right to privacy. This article examines the provisions of national and international legislative acts related to the private life of a person, and assesses the opportunities of a private detective to provide private detective services without prejudice to the provisions of applicable legislative acts. The article concludes that a private detective is not an authorized (public) authority and there is no possibility to assess in each case whether the interests of a person using the services of private detectives are more important than those of other persons, which would allow for violating their rights to private life. The limits of an individual’s right to privacy can only be narrowed by a particular person, giving consent to making public the details of his/her private life. It is the only opportunity for a private detective to gather information related to the private life of a citizen. Currently applicable legislative acts in Lithuania do not provide for opportunities for private subjects to collect personal data without that person’s consent. This right is granted only to public authorities and with the court’s permission
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Sofiiuk, Taras. "Privacy and the concept of generations of human rights". Law Review of Kyiv University of Law, nr 2 (10.08.2020): 255–58. http://dx.doi.org/10.36695/2219-5521.2.2020.46.
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The article studies the approaches to the concept of the «private sphere» of human life that are present in legal thought. Attentionhas been paid to the principles on the basis of which the human rights and freedoms in interstate relations are protected. The circumstancesthat are important for finding the optimal correlation between the human right to personal data protection and the right to informationare considered. The theoretical approaches to the concept of «three generations» of human rights that are present in legal thoughtare studied. The description of different generations of human rights is given. The discussions on the third generation of human rightswhich are ongoing and show that the list of human rights is not permanent and can be extended are considered. The consideration isgiven to the need to ensure human rights in the information society. Attention is paid to the issue of distinctive features of the «personalrights» category. It is indicated that personal rights are usually attributed to the so-called first generation of rights (in accordance withthe historical stages of affirmation of rights). The circumstances under which the right to respect for privacy arose are clarified. Thephenomenons that form the basis of the right to privacy of personal information and of the awareness of the concept of the «privatesphere» of human life are highlighted. The emergence of the right to respect for privacy as a broader category, which later became thebasis for the development of an independent legal institution of personal data is considered. The history of judicial approbation of thefirst concept of the right to privacy in the United States is reflected. The problematic aspects of legal formation of the right to privacyare considered. The position that is present in legal thought according to which it is advisable to divide the general problem of protectinghuman privacy into sectors that require separate legislative regulation is studied. It is stated that the «personal rights» category meansthat the subject has such acts that ensure his or her autonomy, priority of internal, individual guidelines. The measures that can help tosolve the problems related to finding an optimal correlation between the human right to personal data protection and the right to informationare proposed.
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Dhali, Mohsin, Sonny Zulhuda i Suzi Fadhilah Ismail. "THE DIGITAL ECONOMY AND THE QUEST FOR PRIVACY PROTECTION IN BANGLADESH: A COMPARATIVE LEGAL ANALYSIS". IIUM Law Journal 28, nr 2 (22.01.2021): 567–96. http://dx.doi.org/10.31436/iiumlj.v28i2.451.
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The present unbridled advancement in the field of information and communication technology has resulted in individuals being thrust at a crossroad, where refusing to sacrifice one’s privacy would mean the denial of technological benefits. Concern for privacy begins once a child is born into this world where the right to privacy could now be argued needs to be considered as one of the basic human rights similar to other inalienable rights such as the right to life and liberties. Bangladesh is one of the countries that has not given explicit recognition to the right of privacy. This is evident from the absence of explicit indications of the right to privacy in the Constitution of Bangladesh and judicial interventions make the constitutional protection of privacy questionable. The purpose of the present study is to find out whether the right to privacy is in fact recognized and protected by the Constitution of Bangladesh by examining specific provisions in the Constitution of Bangladesh to locate provisions that could be relied on to show that a sliver of recognition could be given to the right of privacy in Bangladesh. This position is then compared to other jurisdictions, especially the common law jurisdictions. The study finds that although Article 43 of the Constitution guarantees limited protection that encompasses the right to privacy of home and correspondence but if read together with the right to life and liberty in Article 32, it could be argued that these are viable provisions in recognizing the right to privacy under the Constitution of Bangladesh.
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A. Razon, Arvin Kristopher. "Are Narco-Lists Covered by the Philippine Law on Privacy?: Exploring the Limits of the ‘Classic’ Right to Privacy and Applying a Constitutionally Grounded Data Protection Right". Global Privacy Law Review 2, Issue 1 (1.02.2021): 44–58. http://dx.doi.org/10.54648/gplr2021006.
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This article dissects the limits of the constitutionally recognized right to privacy and examines the constitutional underpinnings of the right to data protection, specifically applying the analysis in the context of narco-lists: ‘intelligence reports’, issued by Philippine President Rodrigo Duterte’s office, that contain names of public officials allegedly involved in the narcotics trade. Whether individuals named in the narco-lists would be successful in asserting the right to privacy against the release of the narco-lists is uncertain, because of their decreased expectation of privacy, their status as public figures, and the countervailing rights to be balanced. This article further conceptualizes the data protection right as a constitutional right: this right may be asserted by individuals named in the narco-lists; with this right, individuals should be able to either require the government to comply with its ex-ante protections or exercise their rights to reasonable access, to rectification, to erasure or blocking, and to damages. Privacy, Data Protection, Data Privacy, Narco-lists, Philippines Drug War
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Akhlaq, Muhammad, Hafiz Adil Jahangir i Dr Hammadullah Khan. "Defending the Right to Privacy in the Digital Age". Journal of Policy Research 8, nr 4 (31.12.2022): 534–38. http://dx.doi.org/10.61506/02.00006.
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This abstract discusses the challenges of defending the right to privacy in the digital age and the importance of protecting individual privacy in an increasingly connected world. The abstract identifies key issues, such as the collection and use of personal data by governments and private corporations, the lack of transparency about data collection practices, and the potential loss of autonomy and freedom. To address these challenges, the abstract proposes various solutions, such as advocating for privacy laws and regulations, supporting privacy education and awareness, and using privacy-enhancing technologies. The abstract highlights the need for a collaborative effort between individuals, organizations, and governments to protect privacy in the digital age.
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Lynskey, Orla. "DECONSTRUCTING DATA PROTECTION: THE ‘ADDED-VALUE’ OF A RIGHT TO DATA PROTECTION IN THE EU LEGAL ORDER". International and Comparative Law Quarterly 63, nr 3 (25.06.2014): 569–97. http://dx.doi.org/10.1017/s0020589314000244.
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AbstractArticle 8 of the EU Charter of Fundamental Rights sets out a right to data protection which sits alongside, and in addition to, the established right to privacy in the Charter. The Charter's inclusion of an independent right to data protection differentiates it from other international human rights documents which treat data protection as a subset of the right to privacy. Its introduction and its relationship with the established right to privacy merit an explanation. This paper explores the relationship between the rights to data protection and privacy. It demonstrates that, to date, the Court of Justice of the European Union (CJEU) has consistently conflated the two rights. However, based on a comparison between the scope of the two rights as well as the protection they offer to individuals whose personal data are processed, it claims that the two rights are distinct. It argues that the right to data protection provides individuals with more rights over more types of data than the right to privacy. It suggests that the enhanced control over personal data provided by the right to data protection serves two purposes: first, it proactively promotes individual personality rights which are threatened by personal data processing and, second, it reduces the power and information asymmetries between individuals and those who process their data. For these reasons, this paper suggests that there ought to be explicit judicial recognition of the distinction between the two rights.
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Natamiharja, Rudi. "A Case Study on Facebook Data Theft in Indonesia". FIAT JUSTISIA:Jurnal Ilmu Hukum 12, nr 3 (4.10.2018): 206. http://dx.doi.org/10.25041/fiatjustisia.v12no3.1312.
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The rights to privacy as an individual fundamental right should be protected. Ironically, this right is deliberately delivered publicly in social media. And Facebook, the largest social media, keep more than 2.2 billion privacies data in the whole world. In early April 2018, one million personal data of Indonesian Facebook users was stolen by other parties. Mark Zuckerberg, as a founder and CEO, acknowledged that the Facebook data consisting of customer personal data had been stolen and used by other parties. It is one of the weaknesses and negligence of Facebook that needs to be addressed in the future. Indonesia government issued a warning letter to Facebook and required formal explanation concerning those recent cases. However, the Government's seriousness on the protection of personal data of its citizens is still questioned. How Indonesian regulations cover private data protection on their citizen and what steps should be taken to protect personal data in Indonesia? By using the International instrument and Indonesia legal instruments on the protection of privacy right, this article would give the answer what government Indonesian should do to undertake this situation. The research found that the regulation of privacy protection is sufficient yet the government has no determination to take account seriously on protecting the privacy right, and no sanction to the parties was involved. Socialization on the importance of personal data toward Indonesian society in Indonesia should be done, from the basic to the top level. Keyword: Right Privacy, International Law, Fundamental Rights
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Kumari, Vaishnavi. "Intersection of Social Media and Right to Privacy". International Journal of Science and Research (IJSR) 12, nr 11 (5.11.2023): 1999–2001. http://dx.doi.org/10.21275/sr231128190830.
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Abrantes, José João. "Privacy at work". Miskolci Jogi Szemle 17, nr 2 (2022): 11–20. http://dx.doi.org/10.32980/mjsz.2022.2.2007.
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Today, there is a widespread recognition of the horizontal effect of fundamental rights. The labourcontract represented everywhere, in democratic systems, the natural framework for the development of such an effectiveness of constitutional precepts and values, with the need of answering to the question of whether-and to what extent–the interests that are in the basis of the employer's power require and justify in casuthe limitation of the employee ́s freedom.The Portuguese Labour Code, in articles 14 and following, expressly recognizes certain fundamental rights of the human being in the workplace,including the privacy. The employee has, in fact, the right to expect a certain degree of respect for his privacy in the workplace, which is where he develops an important part of his relations with others. This right shall, however, be balanced with other rights and legitimate interests of the employer, in particular the rights to effectively manage his enterprise and specially to protect himself from liability or damage caused by employee ́s actions.The case law –namely that of the Supreme Court of Justice -has influenced the evolution of the Labour Law, contributing to the interpretation of the lawand the resolution of some controversial employment issues, e.g. in matters related to fundamental rights. In the final part of this article we will seek toprovide a brief overview of some innovative case law issued by the Social Chamber of the Portuguese Supreme Court, particularly after entering into force the Portuguese Labour Code in 2003.
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Aroldi, Piermarco, i Nicoletta Vittadini. "Children’s rights and social media: Issues and prospects for adoptive families in Italy". New Media & Society 19, nr 5 (6.01.2017): 741–49. http://dx.doi.org/10.1177/1461444816686324.
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The worldwide spread of social media is changing the forms and rules of social relations, the boundaries of private and public spheres, and the definition of privacy and its protection. In reflecting on children’s rights in a digital age, the online experiences of adopted children and their families foreground the tension between the right to privacy and protection and children’s right to know about their origins. This article explores the Italian case through a qualitative study of professionals working in private and public foster and adoptive services. It analyses the risks and opportunities presented by social media in the everyday life of adoptive families, with particular attention to children’s rights and recommendations for families and professionals.
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Madiev, Fakhriddin. ""SHAXSIY HAYOT DAXLSIZLIGI HUQUQI TUSHUNСHASI VA UNING HUQUQIY TABIATI "". Jurisprudence 3, nr 6 (21.12.2023): 17–28. http://dx.doi.org/10.51788/tsul.jurisprudence.3.6./harx6496.
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"This article provides a theoretical analysis of the concept of the right to privacy and its legal nature. The development of digital technologies and the widespread introduction of digital technologies in the lives of society require conducting scientific research on ensuring citizens’ privacy. Therefore, it is necessary to study and analyze the concept of the right to privacy from a conceptual, scientific, and methodological point of view. Natural rights and freedoms, such as the right to life, privacy of housing, privacy of correspondence, and freedom of conscience, are not granted by the state but belong to the individual from birth. If we consider the right of each person to make a moral and ethical assessment of his qualities as his personal right, it is considered to have a subjective nature. Therefore, its value and prestige may or may not be compatible with the social opinion in society. The author touched on “personal life,” “privacy of personal life,” and “functions and tasks of privacy.” In the article, a comprehensive analysis of the right to privacy, analyzing the advanced experience of foreign countries and the approaches of legal scholars to the privacy of personal life, and an author’s tariff on the right to privacy of personal life have been developed. "
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Kharytonova, O. I., i Ye O. Kharytonov. "JUDGES’ RIGHT TO PRIVACY IN A HUMAN RIGHTS ASPECT". Juridical scientific and electronic journal, nr 7 (2022): 549–53. http://dx.doi.org/10.32782/2524-0374/2022-7/133.
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Klein, Sandra S. "Your Right to Privacy and Children's Rights/Family Law". Legal Reference Services Quarterly 13, nr 4 (4.08.1994): 125–36. http://dx.doi.org/10.1300/j113v13n04_08.
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Svadeba, N. I. "Individual’s right to privacy protection". Uzhhorod National University Herald. Series: Law, nr 65 (25.10.2021): 128–32. http://dx.doi.org/10.24144/2307-3322.2021.65.23.
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The article is devoted to the individual’s right to privacy protection and the study of legal consolidation of the individual’s right to privacy of communication problems. Issues of respect for private life, generalized norms of procedural legislation of Ukraine and the European Court of Human Rights decisions on the admissibility of inter-ference by investigators in private life are studied there.The normative legal acts that regulate the procedure for obtaining the consent of an individual to the processing of his / her data are considered and researched there. On the basis of author’s conclusions the concerning improvement of the legislation in the field of data collection of physical persons - businessmen are substantiated. The article characterizes the basic principles of international legislation on the legal protection of information with limited access and foreign experience of its implementation. The positions of scientists on the protection of an individual’s personal life are analyzed. The positive novelties of the Law of Ukraine “On Personal Data Protection”, as well as the gaps in it are analyzed there. It was found that the consent of the personal data subject is the voluntary expression of the individual’ will (provided that the person is informed) to grant permission for the processing of his / her personal data in accordance with the stated purpose of its processing. The notion of unreliable information and the composition of the offense in the dissemination of such information are studied. Judicial practice is analyzed, in particular, the Supreme Court of Ukraine notes that the legal composition of the offense in the dissemination of inaccurate information is a set of circumstances such as dissemination of information, that is bringing it to the notice of at least one person in any way; the information disseminated relates to a specific individual or legal person, that is the plaintiff; dissemination of unreliable information. It is made generalizations of the experience formed in Ukraine and abroad concerning protection of individual’s private life. The conditions of application of refutation of unreliable information for protection of individual’s right to private life from the infringements which arise as a result of distribution of such information are studied there.
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Pawlowksi, M. "Private Lives: Right to Privacy or Freedom of Expression?" Trusts & Trustees 8, nr 7 (1.06.2002): 22–26. http://dx.doi.org/10.1093/tandt/8.7.22.
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Rubert, María Belén Cardona. "Workers' Privacy and the Power of Employer Control in Spain". International Journal of Comparative Labour Law and Industrial Relations 16, Issue 4 (1.12.2000): 349–58. http://dx.doi.org/10.54648/321106.
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This paper examines the connection between the privacy of workers and the power of employer control with reference to the Spanish legal system. The general aim of Constitutional principles and Statute of Worker's Right is to defend workers' privacy from intrusive or disproportional attacks on their private domain. In this perspective Spanish legislation delimits employer authority by subjecting it to two limits which cannot be avoided. The first is that employer control is restricted to ascertaining that workers fulfil their contractual obligations and duties; however this control is conditioned by the contract cannot go beyond the bounds which are directly related to the contract. The second limit is the dignity of the worker, as stated in Article 10.1 of the Spanish Constitution, and his/her right to privacy (Articles 18 of the Constitution and 4.2 of the Statute of Workers' Rights). The Spanish legal system prevents any type of control of the employee's private life which is not connected to technical or organizational aspects of work, and any type of supervision which encroaches on the freedom of the person, at the very core of the right to privacy.