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ANH VĂN PHÁP LÝ: Privacy and Human Rights ( Tài liệu nhân quyền)

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  • #408621 04/12/2015

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    ANH VĂN PHÁP LÝ: Privacy and Human Rights ( Tài liệu nhân quyền)

    Sau đây mình sẽ gửi đến các bạn tài liệu Anh văn pháp lý Privacy and Human Rights Act 1998 của tác giả James Michael

    "The developments of communication technologies have been among the most spectacular in the recent years. THese put major challenges for the protection of human rights and, in particular, the right to privacy. These also raise cru-cial ethical issues concerning the treatment, sotring and access to information. This book aims at mapping the main questions in this area and presents some of the legal answers so far given."

    PART 1

    DIFFERENT LAGAL APPROACHES

    "Nordic Law

    Although Nordic law is best known for protecting privacy through a combination of the publicity principle and specific data protection legislation, ‘Nordic’ is also applied to one of the better-nown definit-ions of the right to privacy. The nordic Conference was a meeting fo legal authorities from around the world in Stockholm in 1967, organ-ized by the International  Commission of Jurists. Their declaration of what the right to privacy meant included Prosser’s torts, but went beyond them. The ten relatively specific rights listed in that declara-tion have no legal force as such, but they are nevertheless highly persuasive, and deserve quotation here in full:

    The right to privacy is the right to be left alone to live one’s life with the minimum degree of interference. In expanded form, this mans the right of the indiviudal to lead his own life protected against:

    1. Interference with his private, family, and home life;

    2. Interference with his physical or mental integrity or his moral and intellectual freedom;

    3. Attacks on his honour and reputaion;

    4. being placed in a false light;

    5. the disclosure of irrelevant embarrassin facts relating to his private life;

    6. The use of his name, identit, or likeness;

    7. spying, prying, watching and besetting;

    8. interference with his correspondence;

    9. disclosure of information given or received by him in circum-stances of professional confidence;

    10. misuse of his private communications, written or oral.

    It is perhaps significant that this formulation can only be applied with some difficulty to the system of data protection that Sweden was to adopt just seven years later. Some of the rights apply to data protection more easily than others, such as ‘being placed in a false light’. But the  principles of data protection, as expressed in the Coun-cil of Europe Convention on the Subject, demonstrate that privacy is a developing concept and that the development has been accelerated by the advance of technology.

                The 1972 study began the section on Sweden by saying that ‘there is very little legal protection of the privacy of the individual in Swe-den and as yet only a limited demand for it’. In the area of protection of privacy from ‘data surveillance’, both Swedish law and public attitudes have changed radically since then. Sweden anacted the word’s first national data protection law in 1973, and the British Committee on Data Protection reported that a 1977 public opinion survey conducted by the Swedish National Breau of Statistics found that privacy protection was regarded as the third most important  public issue there (after unemployment and inflation). The 1972 study did report that there was growing concern in Swden about privacy and computers, and also noted that in 1965 the Swedish Supreme Administrative Cour had held that the general right of public access to government documents applied to computer –stored information. The use of this right,  and the specific concern with computers, evil-dently pointed the direction for what may be called the Nordic ap-proach to privacy protection.

    Nordic law in general, and Swedish law in particular, has dealt with the protection fo pirvacy through two methods: the ancient priciple of governmental publicity, and the modern apporoach of  data protection legislation. The former, called the offentlighetsprincip, was incorported in the Swedish constitution in 1766, and provides a general right of public acces to government documents. Although protection measure, many of those who exercise the rightdo so in order to inspect record that relate to them personally. It is a form of ‘subject access’ to government reocrds which provides a means of monitoring information privacy."

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  • #408624   04/12/2015

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    PART II

    (...)The Swedish Datalagen, or Data Protection Act, was enacted in 1973, and represents a modern approach to the privacy problems presented by date processing in both the public and the private sectors. It provides a genral right of subject access to automatically processed personal data, but does not rely only, or even primaril, on that method. Instead, the Data Inspection Board acts as an adminis-trative overseer of data processing generally, with extensive powers over all the data users who are required to gister with it.

    Over Scandinavian countries have genreally followed Sweden in their legal approach to the protection of privacy, which is usually expressed in Swedish as integritet. They came much later to the adoption of the ‘publicity principle’, howerver. Finaland passed an access to government information law in 1951, and has yet to adopt a data protection law. Norway legislated on access to information in 1970, and on data protection in 1978. Denamrk adopte very similar legisla-tion on the same subject in the same years. Iceland has no acces to gevernment inforamtion law, but passed a data protection law in 1981.

                The Nordic approach may be charaterized as a combination of a legal remedy availble to individuals through their right of access to government rocords, and a system of administrative regulation of computerized records. This is not to say that orther methods for pro-tecting privacy are not available in those countries. Norway has, since 1899, had a criminal statue forbiddding violations of ‘the peace of private life’, and there has been case law which is remarkably similar to that in the USA. The Scandinavian approach to data pro – tection ligslation has greatly influeanced other countries which have legislated on the subject,  particularly those which are not parties to the Council of Europe’s Data Protection Convention; and Jan Freese, for several years the head of Sweden’s Data Inspection Board, has been a leading figure in data protection since he helped to promote the first national law in 1973.

    Civil Law

    The 1972 study commented, particularly reagarding the proctection against public disclosures about a person’s private life, that there was a ‘striking differnce’ between the protection offered by the law in he civil and the common law countries. Although perhaps less striking now, a similar commnet could be made about the generally diferent approaches to privacy in the two legal traditions. Although there are specific remedies for particular invasions of privacy in France and other civil law countries, the notion of privacy can e traced back there to a provision in the Declaration of the Rights of Man and the Citizen of 1789 declaring private property to be inviol-able and sacred. The history of privacy protectin law in the United Kingdom begins much earlier, with the provision of the Justices of the Peace Act 1361 enabling eavesdroppers and ‘Peeping Tom’s to be bound ovr to keep the peace; continues through judicial decissions in such cases as Entick v. Carrigton and Prince Albert v. Strange, and remains resolutely praticular.

    ….. (Còn tiếp)  

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  • #409172   10/12/2015

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    Tài liệu nhân quyền: Privacy and Human Rights act 1998 ( Part III)

     

     
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