The best interests of the child and protection of his private life in the Internet

Author(s):  
Natalia Kravchuk
Author(s):  
James Blaisdell ◽  
Michael Kelly ◽  
Michael Lang ◽  
Kieran Muldoon ◽  
Joe Toner

People today have greater access to information than ever previously thought possible, and through the acquisition of knowledge feel, they have more control and certainty in their lives. New usages of IT, the expansion of smart phones and tablets, and the arrival of the Internet generation in the job market now mean that the separation between private life and professional life has become muddled. A challenge for modern organisations is whether to allow employees to use their own devices or attempt to halt this advancing tide. Although there is some disagreement about the drivers and perceived benefits, an increasing number of organisations are beginning to accept the practice of “Bring Your Own Device” (BYOD). In view of this emerging trend in the modern workplace, this chapter outlines a number of risk control and mitigation strategies that organisations may consider adopting to address the challenges associated with BYOD that lie ahead.


2018 ◽  
Vol 14 (4) ◽  
pp. 51
Author(s):  
Khadijah Abdel Hamid Mustafa Al-Qteishat

The Internet has become the scene of many crimes that are completely different from traditional crimes, including crimes against individuals' privacy and privacy, by accessing personal information and data that they maintain using the electronic means and media of the network, ranging from defamation to extortion, Theft and destruction of information, and may even be used to impersonate persons and commit crimes in their name, and so on. Private life is one of the most important concepts that fall within the scope of human rights enshrined in all international covenants and covenants, which are committed to protecting national laws and legislations in all countries. However, technological changes have posed many challenges to the criminal protection of private life in the Internet environment.This research aims to identify the criminal protection of private life through the Internet in Western and Arabic laws, as a basis for research into the crime of attacking private life in the system of combating Saudi informatics crimes.


2021 ◽  
Vol 29 (3) ◽  
pp. 731-764
Author(s):  
Sabine K. Witting

Abstract Combatting child sexual abuse on the internet requires a high level of harmonisation of both substantive and procedural laws, as online child sexual abuse is transnational by default: while the transnational nature of child sexual abuse material used to be the exception before the advent of the internet, it is now the rule. In order to prosecute and investigate online child sexual abuse across country borders, states rely heavily on extraterritorial jurisdiction clauses as well as informal and formal law enforcement collaboration channels. This paper analyses existing channels in the opsc, Budapest Convention and Lanzarote Convention, particularly against the background of the recently published crc Committee Guidelines regarding the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (crc/c/156), and provides for concrete guidance on how to ensure that the best interests of the child in the prosecution and investigation of transnational crimes such as online child sexual abuse is the primary consideration.


2019 ◽  
Vol 1 (1) ◽  
pp. 199-205
Author(s):  
Felicia Sugianto

Andre Bazin once said in his book that human has a tendency to preserve a life in a form of statuary or in any kind of forms. The invention by Auguste and Lumiere of the moving picture is a point where moving picture is regarded as the perfect form of expression and representation of life, not only it captures the reality as a whole, but also gives the creator space to manipulate. Moving pictures grows and develops into cinema and not merely just a preservation of life, rather it is an expression of the reality in a form of art as new medium of communication.    The civilization that we live now is almost impossible to imagine without the contribution of the internet that created many platforms that allows us to share parts of our life. Big platforms like Instagram and YouTube creates a worldwide sensation such as 'influencer' in which a person who has the power to affects their audience mainly for marketing purpose. The level of the influence mostly determined by the numbers of the followers. In some cases, parents are tempted to share their children activity in social media to showcase their children. However, in some occasion children are unwillingly to share their private life. This action could lead to child exploitation even abusing the children for the sake of fame and fortune.   Bintang Jatuh is a short fiction that reflects the society's behavior towards social media more specifically the sensation created by influencers which is known as 'selebgram' in Indonesia. Besides, becoming an influencer does not have an age restriction, hence everyone can be an influencer. Child influencer, which sparks a lot of criticism on the style of parenting todays. Many accuse the parents of exploiting their own children by gaining profits from sharing their children's photo and video online. The case goes deeper than just sharing photos or videos, public questioning the effectiveness of parental control to protect their children's privacy online.


2020 ◽  
Vol 54 (3) ◽  
pp. 1023-1042
Author(s):  
Ljiljana Mijović

Internet as a means of communication, whatever the type of information it might be used for, falls within the exercise of the right to freedom of expression, as guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. As established in the European Court's case law, freedom of expression constitutes one of the essentials of a democratic society, therefore limitations on that freedom foreseen in Article 10 § 2 of the Convention are to be interpreted strictly. In order to ensure effective protection of one's freedom of expression on the Internet, States bear a positive obligation to create an appropriate regulatory framework, balancing the right to freedom of expression on one and the limitations prescribed in Article 10 § 2, on the other hand. Special attention in doing so is to be paid to the risk of harm posed by content and communications on the Internet to the exercise and enjoyment of other human rights and freedoms guaranteed by the European Convention, particularly the right to respect for private life. While it is the fact that the electronic network, serving billions of users worldwide, will never be subject to the same regulations and control, because of the national authorities' margin of appreciation, the European Court established commonly applicable general principles regarding the Internet as a media of exercising right to freedom of expression.


Author(s):  
Liudmyla Telizhenko ◽  
◽  
Dmytro Murach ◽  

The article is dedicated to the analysis of negative aspects of the use of social media in civil service and the substantiation of the necessity of legal regulation of civil servants’ conduct in the web space. It is mentioned that the Internet virtual space has become another new place of life of a contemporary human and a civil servant as well. Like in physical and social space, a human is able to act, be active, influence the situation and other people while equally depending on their reverse influence. This requires greater responsibility from civil servants for the content of their posts and the information shared by them on social media as well as understanding that contacts established there shall still obey the law and the rules of virtual life. Emphasis is put upon the necessity of civil servants’ considering of the specific nature of social media that can constitute certain dangers. It becomes possible to invade their professional and private life, their personal data; they may be blackmailed, put under political pressure and so forth. Focus is placed on the absence of proper regulation of civil servants’ ethical conduct in the web space by the state. At the same time, the article shows international experience in the matter of regulation of a civil servant’s socialization in the web space. The authors examine foreign legislative acts regulating the particular question of the interaction of a civil servant’s real and virtual life. This leads to the conclusion about the advisability of the introduction of special recommendations or an ethical code which would regulate the rules of conducting civil servants’ web life. It is also emphasized that the implementation of the corresponding rules of British legislation into Ukraine would become a significant step to resolving civil servants’ web problems.


2021 ◽  
Vol 29 (1) ◽  
pp. 99-121
Author(s):  
Natasha Kravchuk

Abstract Legal regulations codifying the privacy rights of children in digital contexts, both at national and international levels, are fragmentary. Existing norms primarily address issues related to child safety as well as data processing, but not the protection of his/her dignity and reputation. At the same time, the Internet Communications and Technology-related (ict) activities of parents, who are traditionally considered to be the primary defenders of their children’s rights but presently are the main contributors to the public image of their child, may endanger child privacy. To address the threat that “sharenting” creates, the privacy of the child should be considered not only as a right, but also in “the best interests of the child”. This conceptualisation of rights as argued, would allow for a greater degree of privacy protection as it requires authorities to take it into consideration, ‘in all actions concerning children’, and will guarantee that they allocate to it the proper weight, while balancing it with the rights of others.


2019 ◽  
Vol 70 (1) ◽  
pp. 93-109
Author(s):  
Dave Archard

Disagreements between doctors and parents as to the appropriate treatment of a child have been exacerbated by a number of recent developments, especially the use of the internet. In normative terms there has been a popular assertion of a parent’s right to choose the treatment of his or her child and this has been defended in the bioethics literature, often in the context of a preference for a harm over a best interests principle for adjudicating these differences. This article affirms the centrality of a best interest standard and criticises arguments for giving parental views a certain moral weight based upon the view that parents know best, or on the interests of the parents, or as consistent with the use of child protection principles, or in value uncertainty.


Author(s):  
Carlos Fernández Barbudo

Resumen: El desarrollo de las tecnologías de la información, y en particular Internet, ha supuesto la aparición de nuevas preocupaciones sociales que plantean la imposibilidad de preservar la privacidad ―que no la intimidad― de la población en el ámbito digital. Esta contribución aborda, en perspectiva histórica, la formación de un nuevo concepto sociopolítico de privacidad que ha sustituido al de intimidad en el ámbito digital. A tal fin se presentan los principales elementos que diferencian a ambos y cuáles son las transformaciones sociotécnicas fundamentales que han posibilitado este cambio conceptual. El desarrollo del texto llevará a defender la idoneidad de una mirada política sobre la privacidad y finaliza con la presentación de algunas propuestas recientes que abogan por entender la privacidad como un problema colectivo.Palabras clave: Espacio público, derecho a la privacidad, intimidad, público/privado, ciberespacio.Abstract: The development of information technologies, and in particular the Internet, has led to the emergence of new social concerns that raise the impossibility of preserving privacy in the digital sphere. This contribution addresses, in historical perspective, the formation of a new socio-political concept of privacy that has replaced the previous one. To this end, the main elements that differentiate both are presented and what are the fundamental sociotechnical transformations that have enabled this conceptual change. The development of the text will lead to defend the suitability of a political view on privacy and ends with the presentation of some recent proposals that advocate understanding privacy as a collective problem.Keywords: Public space, right to privacy, private life, public/private, cyberspace. 


2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Klaus Solberg Söilen

It is difficult to imagine intelligence studies as separate from information technology as we enter thethird decade of the 21st century. The current issue of JISIB bears witness to this integration with a strongfocus on big data applications.Hardly anyone today would or could do without the internet, but the project that started with USgovernment financing in the 1960s, with packet switching, and in the 1970s with ARPANET and sawcommercial light in the 1990s is helping countries turn into totalitarian systems where totalitarianism isdefined by a high degree of control over public and private life.Public life is influenced by hacking, troll factories, fake news/propaganda, and interference inelections. Private life is influenced by massive surveillance. To borrow the title of the book by Zuboff(2019) we now live in “the age of surveillance capitalism”. Business intelligence systems lie at the heartof this transformation, but so do artificial intelligence and robotics. And the trend is global.In the West the suppressors are mostly private monopolies (e.g. Google, Facebook), while in the Eastit is primarily the government that is snooping (e.g. China’s Social Credit System). Face recognition islikely to become as popular in the West as it is in the East. It is also easily forgotten that no city wasbetter surveilled than London, which started to build its CCTV technology in the 1960s. The system isnow being updated with facial recognition, just like the one we are criticizing the Chinese for having.Some forms of surveillance may also lead to great advances in our societies, like access to governmentforms and statements electronically and a non-anonymous Central Bank Digital Currency (CBDC), whichpromises to reduce corruption and tax fraud, and could be used for easy distribution of universal basicincome (UBI) . Fintech promises to be highly disruptive.We are moving into an Orwellian world of surveillance more or less voluntarily, often applauding it.“I have nothing to hide” the young man says, but then he later becomes a minister and starts to worryabout the traces he has left on keyboards. The Five Eyes intelligence alliance, or any other major service,can pull out extensive analyses of behavior and personality on most of us now as we continue to exchangeour personal data for access to searches and social media, but also subscription-based services. MostChinese think that the social credit system is a good thing. This is for much of the same reason: theybelieve it will not be used against them and think that they will do well. We all tend to be overoptimisticabout our abilities and opportunities. It’s not before we fail that the full implications of the system arefelt: lack of access, credit, housing, and no more preferential treatments. The result threatens to worsenthe lack of social mobility and increase the growing conflict between the super-rich and those hundredsof millions who risk slipping from the middle class to being counted among the poor, many of whom livein the Western world.


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