Given that citizens are not authorized to conduct evidentiary actions, and it is indisputable that the citizens today, with the development of technology, can capture and photograph events around ...them at almost any time, the object of this paper is to determine the probative value of photographs and recordings made by citizens. The question of the probative value of the afore mentioned photographs and recordings is raised primarily in connection with the violation of the right to privacy of the persons who were recorded. The CPC/2011 only lays down certain evidentiary prohibitions in one general way. Therefore, the author analyzes relevant legal provisions aimed at protecting the right to privacy of citizens. First, photographs and recordings made by citizens must not result from a crime. The relevant offenses are unauthorized wiretapping and recording and unauthorized photographing. In support of the fact that photographs and recordings of someone committing a crime constitute admissible evidence, it is also reflected in the provision of the Public Information and Media Act which establishes derogations from the right to privacy if the person has attracted public attention through his public statements or behavior in private, family or professional life and thus gave rise to the publication of information or records. Second, in the case of photographs and recordings taken on security cameras installed to protect the security of people and property, which monitor public areas or facilities or premises that are privately owned and if the cameras are installed in accordance with the Private Security Act, we consider such recordings and photographs should be admissible evidence. Finally, we consider that the evidence obtained illegally by the court should be distinguished from the evidence obtained illegally by the citizens. This means that a lesser criterion should be applied especially if the citizen violated someone's right to privacy by the necessity of providing evidence, and especially if he/she was damaged by criminal acts.
El objetivo general de la investigación fue analizar jurídicamente el robo de identidad en el metaverso y vulneración de la imagen personal en Ecuador. Se desarrolló desde el paradigma positivista, ...desde la perspectiva cuantitativa, apoyada en una indagación documental-bibliográfica. Para el desarrollo del cuerpo teórico, se realiza un análisis crítico de normas, leyes, convenios, artículos arbitrados, entre otros, los que contribuye a la argumentación y elaboración de las conclusiones respectivas. Se concluye que, el robo de identidad digital en el Ecuador se determina en el COIP como suplantación a la identidad, dicha acción es evidente el daño inminente que causa a la imagen de una persona, tanto así que indirectamente, puede violentar también el buen nombre, honor y vulnera la garantía constitucional. Además, es un delito furtivo y se está dando a conocer, a medida que va evolucionando la era tecnológica.
In this paper, we address the complex relationship between big data and human rights. Because this is a vast terrain, we restrict our focus in two main ways. First, we concentrate on big data ...applications in scientific research, mostly health-related research. And, second, we concentrate on two human rights: the familiar right to privacy and the less well-known right to science. Our contention is that human rights interact in potentially complex ways with big data, not only constraining it, but also enabling it in various ways; and that such rights are dynamic in character, rather than fixed once and for all, changing in their implications over time in line with changes in the context we inhabit, and also as they interact among themselves in jointly responding to the opportunities and risks thrown up by a changing world. Understanding this dynamic interaction of human rights is crucial for formulating an ethic tailored to the realities-the new capabilities and risks-of the rapidly evolving digital environment.
This article is part of the themed issue ‘The ethical impact of data science’.
Individuals have the right to health according to the Constitution and other laws in China. Significant barriers have prevented the full realisation of the right to health in the COVID-19 era. Big ...data technology, which is a vital tool for COVID-19 containment, has been a central topic of discussion, as it has been used to protect the right to health through public health surveillance, contact tracing, real-time epidemic outbreak monitoring, trend forecasting, online consultations, and the allocation of medical and health resources in China. Big data technology has enabled precise and efficient epidemic prevention and control and has improved the efficiency and accuracy of the diagnosis and treatment of this new form of coronavirus pneumonia due to Chinese institutional factors. Although big data technology has successfully supported the containment of the virus and protected the right to health in the COVID-19 era, it also risks infringing on individual privacy rights. Chinese policymakers should understand the positive and negative impacts of big data technology and should prioritise the Personal Information Protection Law and other laws that are meant to protect and strengthen the right to privacy.
The article addresses the Schengen-wide entry ban, which is one of the key measures laid down in the EU Returns Directive (2008/115/EC). The entry ban entails that a non-citizen expelled from one ...member state is barred from returning to the whole Schengen area for up to five years, or longer in case of a threat to public policy or national security. The pan-European validity of the entry ban is ensured by an alert entered in the Schengen Information System (SIS). The alert is a set of personal data registered in the SIS which states may process to identify the person with a view of the refusal of entry. Processing personal data of non-citizens may pose a challenge to the protection of their data. The article assesses data protection rules laid down in the SIS Regulation (Regulation 1987/2006) and the Regulation which will replace it (Regulation 2018/1861). As it argues, SIS-specific data protection safeguards are frequently narrower than rules under data protection law, including the General Data Protection Regulation and Council of Europe Convention 108, and fall short of requirements flowing from the right to privacy under the European Convention of Human Rights and EU Charter of Fundamental Rights.
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.
Morality bears on what we should forget. Some aspects of our identity are meant to be forgotten and there is a distinctive harm that accompanies the permanence of some content about us, content that ...prompts a duty to forget. To make the case that forgetting is an integral part of our moral duties to others, the paper proceeds as follows. In §1, I make the case that forgetting is morally evaluable and I survey three kinds of forgetting: no-trace forgetting, archival forgetting, and siloing. In §2, I turn to how we practice these forms of forgetting in our everyday lives and the goods these practices facilitate by drawing on examples ranging from the expunging of juvenile arrest records to the right to privacy. In §3, I turn to how my account can help us both recognize and address a heretofore neglected source of harm caused by technology and big data. In §4, I end by addressing the concern that we lack control over forgetting and thus can't be required to forget. I argue this challenge can be answered, but there's a harder challenge that can't. Forgetting is under threat. To address this challenge and preserve forgetting, we must change the world.
In our digital age, the exchange of personal data has become an integral part of daily life, with smartphones and the internet serving as conduits for this information. However, this practice brings ...forth many legal complexities concerning data privacy, highlighting the need to safeguard personal information. This research explores the significance of protecting personal data while drawing parallels with the fundamental right to privacy and the confidentiality of correspondence (Ali, 2021). Moreover, the study delves into the European Union’s (EU) acknowledgment of personal data protection as a fundamental right. It employs a comparative analytical approach to scrutinize the implications of Federal Decree Law No. 45 of 2021 and its relationship with the amendments introduced to the European General Data Protection Regulation (GDPR) in 2018. Despite both legal frameworks sharing the overarching objective of safeguarding personal data, they diverge in terms of scope, applicability, and regional context. These distinctions may potentially give rise to challenges and incompatibilities. This research highlights the evolving landscape of data protection and underscores the increasing importance of achieving harmonization and compliance in our interconnected world (AlShamisi, 2023).
The general objective of the research was to legally analyze freedom of expression in the media and the right to privacy in Ecuador. The researchers proposed as a method for the development of the ...research work the quantitative approach, through the exploration, collection and critical analysis by means of a documentary typology, supported by the bibliographic design that seeks reflection and analysis, building methods related to the judgment of the phenomenon and thus evaluate or discuss new arguments. In this regard, documentary sources were examined and analyzed at the theoretical level, theses, norms, laws and refereed works. In addition, a survey was applied by gathering information, with the support of a questionnaire with specific questions, to 15 lawyers. It is concluded that the right to freedom of expression is an inalienable condition that all human beings have to express themselves in any situation, ideology, belief or their way of living in society.
El objetivo general de la investigación fue analizar jurídicamente la libertad de expresión en medios de comunicación y el derecho a la intimidad en Ecuador. Los investigadores se plantearon como método para el desarrollo del trabajo de investigación el enfoque cuantitativo, mediante la exploración, recolección y análisis crítico mediante una tipología documental, apoyada con el diseño bibliográfico que busca la reflexión y análisis, construyendo métodos relacionados al juicio del fenómeno y así evaluar o discurrir nuevos argumentos. Al respecto, se examinaron y analizaron fuentes documentales a nivel teórico, tesis, norma, leyes y trabajos arbitrados. Además, se aplicó una encuesta recabando información, con el apoyo de un cuestionario con preguntas específicas, a 15 abogados. Se concluye que, el derecho a la libertad de expresión, es una condición irrenunciable que todo ser humano tiene para expresarse ante cualquier situación, ideología, creencia o su forma de vivir en la sociedad.
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