scholarly journals Freedom of expression and protection of personal data on the Internet: The perspective of Internet users in Serbia

2020 ◽  
Vol 15 (47) ◽  
pp. 5-34
Author(s):  
Marta Mitrović

The paper examines the views of Internet users concerning the protection of their rights on the Internet. The Web survey, conducted by the snowball sampling, included 783 Internet users who expressed their views regarding the ways the state (Serbia) and private agents (Facebook and Google) relate to the right of freedom of expression and privacy on the Internet. Also, the survey was used to examine the individual responsibility of users when it comes to the use of Internet services. Several hypotheses suggested that Internet users in Serbia do not have confidence in the country and private actors on the issue of protecting their rights. However, users also do not demonstrate a satisfactory level of individual responsibility. The most important findings indicate that: 1) only one-sixth of the respondents consider that the Government of the Republic of Serbia does not violate the privacy of Internet users; 2) almost half of the respondents do not feel free to express their views criticizing the government; 3) almost 90% of users are not satisfied how Facebook protects their privacy, while it is 1% lower in the case of Google; 4) a third of respondents answered positively to the question whether they had read terms of use of the analyzed companies, but half of them did not give a correct answer to the main questions; 5) only 8.9% of respondents who claimed to have read terms of use are aware of the fact that Facebook shares their data with third parties.

2019 ◽  
Vol 34 (5) ◽  
pp. 1487-1490
Author(s):  
Merisa Çeloaliaj

Actuality, recent, has made us witnesses of rapid technological developments, as part of the globalization process, which inevitably affect to our lives.Technological developments facilitate our day-to-day life starting from the most common aspects and advancing at the speed of light to more complex processes that the human mind would not have been able to solve in the same space of time and with the same resources utilized. Free movement, downloading different apps on our smartphones, shopping online or the registering on social networks are just some of the activities that each of us performs daily, often without being aware of what brings these activities together is actually an action, which is legally called "processing of personal data of the individual".Often with the help of technology, private companies and public authorities collect personal information from clients, services receivers or ordinary citizens and they use it to an unprecedented extent in the pursuit of their activities and goals. The protection of personal data of individuals is in fact a fundamental right, which is sanctioned by a legislation of particular importance in international and domestic law.Even in the Albanian legal order, the right to protection of personal data is sanctioned by a specific legal corpus. In the context of the particular importance of the sensitivity that personal data bears, the European Union has adopted the GDPR, an improved act that reinforces the level of protection of the individual against bureaucracy and rapid technological developments.This modest paper focuses on the impact of this regulation in Albania on public and private legal entities that collect and process personal data.How will the GDPR affect, as an act focusing on respect for private and family life, housing and communications, personal data protection, free thought, conscience and religion, freedom of expression and information, freedom to perform business, the right to effective protection and fair trial in terms of cultural, religious and linguistic diversity, decision-making and activity of various entities in the Republic of Albania?The structure of this paper includes in the introductory section a brief history of the relevant legal acts, goes on to explain some specific terms and addresses important aspects of the impact on legal entities of the latest European Union regulation in the field of protection of personal data.


2014 ◽  
Vol 13 (3) ◽  
pp. 306-346 ◽  
Author(s):  
Simone Vezzani

icann’s decision to liberalize the market for Internet Generic Top-Level Domain Names has been giving rise to many concerns, related in particular to the registration of health-related strings, which may favour fraud and the dissemination of misleading health information. However, a very sophisticated mechanism has been put into place by icann, intended to prevent the registration of strings which face opposition from a significant portion of the community they purportedly aim to serve, or which are contrary to generally accepted principles related to morality and public order. Tailored after the model of commercial arbitration, icann rules of procedure are noteworthy in that they give standing to all interested Internet users and to an Independent Objector. Though underlining some of its procedural deficiencies, this article emphasizes the importance of the icann mechanism in the “constitutionalization” of the Internet. It also discusses the contribution of icann expert panels to international human rights discourse, as illustrated by the expert panel determinations walking the tightrope between freedom of expression and the right to health.


2014 ◽  
Vol 4 (01) ◽  
pp. 112-135
Author(s):  
Sri Warjiyati

Abstract: This article discusses the individual candidate in the general election of regional head in political jurisprudence perspective. Before the Mahkamah Konstitusi’s decision No. 5/PUU-V/2007 pointed out, the individual candidate could have enter the two political institutions; first, in the 2004 general election, the individual candidate competed to get into the institution of the Regional Representative Council of the Republic of Indonesia; second, Undang-Undang No. 11 tahun 2006 regarding with the Government of Aceh where the individual candidate could compete with the candidates promoted by the national political party in electing the regional head in all over Aceh. The decision of Mahkamah Konstitusi No. 5/PUU-V/ means that the local head election held in various regions can include the individual independent candidate. In political jurisprudence perspective, mechanism of the individual candidacy in the election has already in accordance with the concept of maslahah al-‘ammah ie. hifdz al-ummah.  In this case, any of the individual independent candidates who nominate themselves as the regional head cannot be discriminated and they deserve the right to nominate to be in line with the Mahkamah Konstitusi’s decision.Keywords: Candidate, individual, local election, jurisprudence, siyasah


2016 ◽  
Vol 12 (1) ◽  
Author(s):  
Sérgio Amadeu da Silveira

RESUMO O texto trata da economia da interceptação de dados pessoais, também denominada economia da intrusão, componente importante da economia informacional. Mostra a dinâmica da busca pelas atenções e a necessidade crescente da captura de dados pessoais com o objetivo de modular comportamentos e influenciar nas escolhas dos conectados. O texto indica a relação conflituosa entre o direito à privacidade e o mercado de venda de dados pessoais que avança na internet.Palavras-chave: Economia da Intrusão; Privacidade; Mercado de Dados Pessoais; Modulação; Internet.ABSTRACT This paper addresses the economy of personal data interception, also called the intrusion economy, an important component of the informational economy.  It shows the dynamics of attention-getting and the growing need to capture personal data aiming at modulating behaviour and influencing the choices of internet users. The paper points to the conflictual relationship between the right to privacy on one hand and the growing market for personal data on the other.Keywords: Intrusion Economy; Privacy; Market for Personal Data; Modulation; Internet. 


2020 ◽  
Vol 1 (3) ◽  
pp. 1-23
Author(s):  
José Poças Rascão

This article reflects on freedom of expression, privacy, ethical and social responsibility, in the context of social networks, in the context of the experience of democracy in cyberspace. It asks questions about ensuring the protection of privacy, freedom, and autonomy of internet users in the internet environment. It identifies national and international legislation that guarantee the right to privacy and the protection of citizens' personal data. It reviews the literature on the concept of ethics and social responsibility, in democracy, in the digital age, associating this domain of knowledge with the concept of privacy, freedom, and ethical and social responsibility, in the context of social networks. The article discusses the concepts that guide this theme and that are directly involved with related domains. It is alert to the need for ethical and legal protection of the digital data of internet users, aiming at the autonomous safeguarding of their digital identities.


Author(s):  
Do Lin'

The author explores the key legislative innovations in the sphere of legal regulation of relations involving use of Internet. The subject of this research is the legal relations with the use of modern communication relations, as well as their legal regulation. Special attention is given to the protection of copyright and personal information of Internet users. The article examines the recent legislative acts aimed at protection of personal data and copyright involving use of the modern communication technologies. The author examines statistical data pertaining to the use of personal information and content falling within the copyright in the Internet. A conclusion is made that in the Russian legal field personal data are fully controlled by the government, but the “large user data” do not appear therein, and in essence, displayed in a “grey zone”. Latest changes in legislation indicate desire of the government for “digital registration” of the largest possible number of citizens, as well as de-anonymization of the Internet users. The novelty of this research consists in analysis of the most recent normative acts in the area of legal regulation of copyright, preservation and usage of personal data involving the modern information and communication technologies. The author criticizes the existing legislation in the area of legal regulation of information exchange in the Internet with regards to violation of citizens’ right to privacy.


2021 ◽  
pp. 29-36
Author(s):  
Marin Domente ◽  
◽  
◽  

The right to freedom of expression and information is guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) in all member states of the Council of Europe. The case law of the European Court of Human Rights (ECHR) applying Article 10 must be considered an international standard of authority on the protection of this human right, including the right to express, transmit and receive opinions and information without the interference of public authorities. Freedom of expression is one of the most cherished constitutional rights in democracies. Freedom of expression affects every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. Moreover, it is frequently mentioned in public discourse and has inspired an impressive volume of legal and philosophical literature. Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to freedom of opinion and expression has been protected in all relevant international human rights treaties. In international law, the freedom to express opinions and ideas is considered essential both at the individual level, insofar as it contributes to the full development of a person, and being a cornerstone of a democratic society.


Author(s):  
Mikhail Y. Zelenkov ◽  
Vladimir G. Ponomarev ◽  
Valery V. Gusev ◽  
Anatoly N. Andreev ◽  
Oleg N. Makarov

The authors have set themselves the goal of analyzing the mass media and coverage of terrorist attacks on the Internet, to assess their impact on the growing number of terrorists in the world based on this analysis. The methodological basis of this research is represented by the comprehensive approach, which allowed identifying and corroborating the need to restructure the media and the Internet to combat modern terrorism. The epistemological potential of the statistical and sociological methods used within quantitative and qualitative research makes it possible to properly interpret the results of scientific research devoted to the subject of analysis. The results suggest that current activity by the media and Internet users encourages the growth in the number of terrorist acts in the world and improves the efficiency of recruiting newcomers to terrorist organizations. Furthermore, optimal ways of restructuring social media and expanding the scope of control of the operation of the Internet without violating freedom of expression and the right of citizens to free access to information are discussed.


2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].


In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.


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