“Right to Privacy and Freedom of Press - Conflicts and Challenges”

India is a signatory to the United Nations Declaration of Human Rights 1948 and the International Covenant on Civil and Political 1966, the two major International instruments, building the foundations of the major democracies and the constitutions of the world. Both these instruments give an independent and upper position to right to privacy compared to right to freedom of speech and expression. The freedom of press finds its place under this right to freedom of speech and expression. Both these rights are the two opposite faces of the same coin. Therefore, without the right of privacy finding an equal place in Indian law compared to right to freedom of speech and expression, the working of democracy would be severely handicapped and violations against citizens rights will be on the rise It was this problem in law and need to bring a balance between these two conflicting rights that induced me to undertake this venture. This heavy burden to bring in a mechanism to balance these two rights culminated in me to undertake this thesis titled “Right to Privacy and Freedom of Press – Conflicts and Challenges

Do we have a right to privacy?

El derecho a la intimidad es un tema que genera grandes debates. Las nuevas tecnologías facilitan mucho la obtención de información privada por parte del gobierno, los medios de comunicación y las empresas, siendo controvertido su uso (para la seguridad y protección de los ciudadanos, para la información sobre asuntos de interés público, etc.). El objetivo del libro es animar a los jóvenes a tener su propia opinión sobre el tema mediante técnicas de pensamiento crítico y creativo, recopilación de información, hechos y otros puntos de vista, y el debate y la discusión.

Big data in health IoE in emergency situations: between the right to privacy and digital health innovation

The chapters of the thesis focus on a limited variety of selected themes in EU privacy and data protection law. Chapter 1 sets out the general introduction on the research topic. Chapter 2 touches upon the methodology used in the research. Chapter 3 conceptualises the basic notions from a legal standpoint. Chapter 4 examines the current regulatory regime applicable to digital health technologies, healthcare emergencies, privacy, and data protection. Chapter 5 provides case studies on the application deployed in the Covid-19 scenario, from the perspective of privacy and data protection. Chapter 6 addresses the post-Covid European regulatory initiatives on the subject matter, and its potential effects on privacy and data protection. Chapter 7 is the outcome of a six-month internship with a company in Italy and focuses on the protection of fundamental rights through common standardisation and certification, demonstrating that such standards can serve as supporting tools to guarantee the right to privacy and data protection in digital health technologies. The thesis concludes with the observation that finding and transposing European privacy and data protection standards into scenarios, such as public healthcare emergencies where digital health technologies are deployed, requires rapid coordination between the European Data Protection Authorities and the Member States guarantee that individual privacy and data protection rights are ensured.

Big data analysis systems in IoE environments for managing privacy and data protection: pseudonymity, de-anonymization and the right to be forgotten

The thesis represents the conclusive outcome of the European Joint Doctorate programmein Law, Science & Technology funded by the European Commission with the instrument Marie Skłodowska-Curie Innovative Training Networks actions inside of the H2020, grantagreement n. 814177. The tension between data protection and privacy from one side, and the need of granting further uses of processed personal datails is investigated, drawing the lines of the technological development of the de-anonymization/re-identification risk with an explorative survey. After acknowledging its span, it is questioned whether a certain degree of anonymity can still be granted focusing on a double perspective: an objective and a subjective perspective. The objective perspective focuses on the data processing models per se, while the subjective perspective investigates whether the distribution of roles and responsibilities among stakeholders can ensure data anonymity.

The right to be forgotten under European Law: a Constitutional debate

Cet article met en lumière la perspective européenne sur un des plus importants défis que l’Internet et le Web 2.0 présente pour la vie privée et le droit à la protection des données. L’auteur y soulève des problématiques liées à la mémoire numérique et distingue à partir de plusieurs cas où les individus seraient intéressés de réclamer l'oubli tant dans les réseaux sociaux, les journaux officiels des gouvernements et dans les bibliothèques médiatiques numériques. Il trace l’histoire de l’identification du droit à l’oubli dont les fondements ont été définis par les agences françaises, italiennes et espagnoles de protection des données. En conclusion, il pose son regard sur un nouveau cadre européen de la protection des données comprenant le droit individuel à voir leurs données supprimées lorsqu’elles ne sont plus nécessaires à des fins légitimes.

The Right to Be Forgotten More Than a Pandora’s Box?

Recently, political voices have stressed the need to introduce a right to be forgotten as new human right. Individuals should have the right to make potentially damaging information disappear after a certain time has elapsed. Such new right, however, can come in conflict with the principle of free speech. Therefore, its scope needs to be evaluated in the light of appropriate data protection rules. Insofar, a more user-centered approach is to be realized. “Delete” can not be a value as such, but must be balanced within a new legal framework.

On the Search for an Adequate Scope of the Right to Be Forgotten

During the last decades, the virtual world increasingly gained importance and in this context the enforcement of privacy rights became more and more difficult. An important emanation of this trend is the right to be forgotten enshrining the protection of the data subject’s rights over his/her “own” data. Even though the right to be forgotten has been made part of the proposal for a completely revised Data Protection Regulation and has recently been acknowledged by the Court of Justice of the European Union (“Google/Spain” decision), to date, the discussions about the right and especially its implementation with regard to the fundamental right to freedom of expression have remained rather vague and need to be examined in more depth.

Perpetual Conflict or Compromise? The Cost of Domestic Legitimacy in the Realm of Women's Human Rights: A Case Study on the Right to an Abortion

With its turbulent and volatile legal evolution, the right to an abortion in the United States still remains a highly contested issue and has developed into one of the most divisive topics within modern legal discourse. By deconstructing the political underpinnings and legal rationale of the right to an abortion through a systematic case law analysis, I will demonstrate that this right has been incrementally destabilized. This instability embedded in abortion jurisprudence has been primarily produced by a combination of textual ambiguity in the case law and judicial ambivalence regarding this complex area of law. In addition, I argue that the use of the largely discredited substantive due process doctrine to ground this contentious right has also contributed to the lack of legal stability. I assert that when these elements culminate in the realm of reproductive privacy the right to terminate a pregnancy becomes increasingly unstable and contested.

The right to the screen: from media education to educommunication in Brazil

Nowadays in Brazil, some social organizations, governments and mass media are discussing the need to establish an oversight committee to guarantee the quality of television programmes, as well as the need to set a system to determine what kind of pro, gram is appropriate for every television time slot. Across Brazil, a representative body of children and young people have come to the conclusion that the right to receive quality television programmes is not enough. The children of the new generations think they have the right to access new technologies and the production of their own messages, in accordance with their own creativity, interests and lifestyle projects within society.

The right to screens: from media education to educommunication in Brazil

Social organizations, local governments and the media in Brazil are confronting them, selves over the need for an oversight board to guarantee quality television programming, and establishing a system to determine which television programs are appropriate for which television time slots. Across Brazil, a representative body of children and young adults have determined that the right to receive quality programming is not currently being met. Children of the new generation see themselves as having a right to access new technologies which enable them to produce their own messages according to their own creativity, interests, and social participation. This new generation wants to go beyond education in order to watch and conquer their ""right to screens"".

`As intermitencias da morte`: debate concerning the right to lusophone literature in the youngers and adults` literacy process.

The article discusses the right to lusophone literature - Saramago, as example - in the process of teacher` s formation and inside of adults` literacy through formation research process at Sao Paulo city.

Deciding who has the right to vote: A comparative analysis of election laws

The paper analyses seven potential restrictions to the right to vote in 63 democracies. Only two of these restrictions have given rise to a near consensus. An overwhelming majority of democracies have decided that the minimum voting age should be 18 and that the right to vote of mentally deficient people should be restricted. There is little consensus about whether the right to vote should be restrcited to citizens, about whether there should be country or electoral district residence requirements, about which electors residing abroad (if any) should retain their right to vote and about which prison inmates (if any) should have the right to vote. The paper also examines two factors that affect right to vote laws: British colonialism and level of political rights. The pattern found with respect to electoral systems, whereby former British colonies emulate their former ruler, is less systematic in the case of right to vote legislation. Finally, “strong” democracies are slightly more inclusive than “weak” ones when deciding who has the right to vote.