Rules against money laundering and terrorist financing are an area of law in which the European Union is significantly active and introduces many innovations. Public registers of beneficial ownership ...were one of the crucial tools with which this legislation promoted the openness of corporate structures in the European environment. For this reason, the judgment of the European Court of Justice in the Joined Cases C-37/20 and C-601/20, WM and Sovim SA v. Luxembourg Business Registers, which cancelled public access to beneficial ownership registers, caused an immense response. Part of the public sees this step as a major blow to the transparency and part as a victory for the rights of individuals. This paper explains the factual situation in the given case, summarises the Advocate General's opinion and analyses the reasons that led the Court to the presented conclusions. The author also reflects on the jurisprudence of the Court, which led to the issuance of this decision and its importance in the field of AML and the protection of the right to privacy in general. Based on these facts, the conclusion presents the possible development of future beneficial ownership registers in the EU.
This research study has been conducted with a deliberate synthesis of both theoretical and practical components. This approach is grounded in the observation that research studies often tend to adopt ...either a purely theoretical or an exclusively practical and applied orientation. The author’s objective was to systematize theoretical and analytical insights concerning the right to privacy on the Internet within the context of social media functionality. This was achieved through a comprehensive examination that combined theoretical underpinnings with an analysis of real-world court cases. Commencing this research endeavor, an exhaustive analysis of the definitions associated with the concept of “social media” was undertaken. The intricate relationship between “social media” and “social networks” was scrutinized and elucidated. Subsequently, the author delved into the multifaceted issue of privacy and its evolving nature in the backdrop of the digitization process. The author provided a historical panorama, tracing the inception of the concept of privacy, charting its developmental trajectory, and elucidating its normative establishment at both the international and national levels. In recognition of the non-absolute character of the right to privacy, this research delineated the permissible boundaries within which state intervention may be exercised in the exercise of this right. In light of the comprehensive analysis conducted, practical instances were identified and examined, vividly illustrating the extent to which the necessary privacy safeguards are adhered to in the digital domain. An exploration of the jurisprudence of the European Court of Human Rights about this matter facilitated the observation of the intricate interplay between the right to privacy and other rights, such as the right to access the Internet, the right to access information, and the right to the preservation of honor and dignity. This exploration accentuated both the significance and complexity of achieving a delicate equilibrium in upholding these rights by their respective claimants. In any scenario, it is underscored by the author that states, law enforcement agencies, judicial authorities, as well as individuals and legal entities, are obligated to exert concerted efforts toward aligning the online environment with the standards set forth by human rights conventions.
Improper processing of sensitive personal data concerning disabled people in government information disclosure not only violates their privacy rights but also leads to discrimination, stigmatization, ...and other serious secondary harm, that have long been overlooked. China's procurator-led public-interest litigation system is a powerful tool for protecting the privacy rights of vulnerable groups. This paper contends that procurator-led public-interest litigation, as a supplement to and support for private-interest litigation, assists the Chinese government in fulfilling its international obligations to protect the right to privacy of disabled people.
This paper contains an analysis of the issue related to profi ling and making automated or nonautomated decisions related to natural persons on its basis, which may aff ect the privacy of persons ...subjected to profi ling, especially in the context of breaching their privacy and showing a lack of respect for their personal life. In particular, the article examines whether profi ling as defi ned in Article 4(4) GDPR should be regarded as a positive manifestation of the reform that personal data protection and key regulations pertaining thereto have undergone as well as whether the new technologies and solutions catch up and deal with the necessity to ensure due safeguards and guarantees for natural persons against interference into their right to privacy during profi ling. In the context of this phenomenon, there are many threats to privacy resulting from the collection and analysis of the data of natural persons that can be observed. Moreover, the article points to the fact that the scale of personal data processing is unprecedented, covering a substantial lot of natural persons. Furthermore, the globalization of the Internet and the growth of importance of international trade, which entails large-scale data processing and cross-border transfers of personal data, with profi ling occurring during these processes too, is also a very diffi cult and challenging issue.
Today’s reality, largely based on the development of technology, carries with it many dangers for various spheres of our lives. One of the areas most at risk is our privacyand thus our right to ...privacy. It is one of the fundamental human rights, but unfortunately today it is exposed to many violations. This article is an attempt to interpret the right to privacy, and it shows selected threats to this right from the perspective of the development of new technologies.
The paper addresses the basic rights and freedoms guaranteed by the Constitution of Georgia, in particular, issues related to personal data. The development of information technology has had a ...significant impact on the dangers of illegal processing of personal data. The European Court of Human Rights considers the inviolability of private life as a precondition for human autonomy, independent development and protection of human dignity. According to the norms of international law, the right to respect for private life is recognized as one of the most important and fundamental rights, the protection of which is indicated by the legislation of Georgia. The aim of the paper is to analyze the legislation and practice of police law in the field of protection of the right to privacy and to offer relevant recommendations, taking into account the standards set by European and national courts. Human rights legislation must ensure the protection of all human beings against the abuse of state power. Interference with rights must be based on the principle of proportionality. The use of policing should not pose an excessive threat of fundamental human rights violations. Interference with a particular right must be done under principle of proportionality to achieve a certain public good. In clarifying the issue of alleged violation of the right, special attention should be paid to the severity and probability of the expected threat to legal good. The Constitution of Georgia, EU and Council of Europe data protection standards, national legislation, as well as the case law of the European Court of Human Rights and the National Constitutional Court are analyzed around the topic. In addition, the reports of the State Inspector, the Public Defender and the relevant scientific literature are used to study the above issues.
La masificación y actual configuración de las redes sociales plantean múltiples problemáticas desde el punto de vista del derecho a la privacidad. ¿Pueden ser calificados como “privados” los mensajes ...que los usuarios comparten en sus redes sociales? ¿Puede alguien ofrecer como evidencia información obtenida desde las redes sociales de otra persona sin su consentimiento? El presente artículo tiene por objeto analizar la jurisprudencia de la Corte Suprema chilena en materia de redes sociales y expectativa legítima de privacidad, a fin de identificar las principales tendencias jurisprudenciales y problemas planteados, así como el estado actual de la cuestión desde el punto de vista del máximo tribunal.
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