• Title/Summary/Keyword: personal rights

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Legal Regulation Of Digital Rights In Ukraine

  • Bilenko, Marianna;Ilchenko, Hanna;Herych, Anatolii;Solodka, Olena;Podolyak, Svitlana
    • International Journal of Computer Science & Network Security
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    • v.22 no.9
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    • pp.59-62
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    • 2022
  • In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.

Protective Way Improvement of a Crime Victim's Rights of Portrait (범죄 피해자의 초상권보호 개선방안)

  • Joen, Chan-Hui
    • The Journal of the Korea Contents Association
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    • v.9 no.4
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    • pp.286-298
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    • 2009
  • Became large a problem we were productive movement of information became large and occurring to diffusions of development of public media and Internet use. While the Internet became a generalization, public media had more influences and risks, and a crime to abuse anonymity became large in cyber space. In addition, damage is becoming expanded reproduction that infringe of ' crime victim's rights of portrait'. The point that is most important in order to improve these points is recognition regarding the special situation of crime victim, and the ethic consciousness and independent operation regulation and regulation system that these point was taken into consideration in the public media and Internet operation that are an information producer is necessary, and Internet portal shall be included like Internet newspapers to the arbitration object of the Press Arbitration Commission. Also, a legal system regarding personal responsibility shall have for protection of a crime victim's rights of portrait by personal information activity for protection in cyber space. Suggest to a portrait of a crime victim, and an individual and social rights security effort are required for activation regarding an infringement relief system.

The Effects of Multi-identity on One's Psychological State and the Quality of Contribution in Virtual Communities: A Socio-Psychological Perspective

  • Suh, A-Young;Shin, Kyung-Shik;Lee, Ju-Min
    • Asia pacific journal of information systems
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    • v.20 no.1
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    • pp.57-79
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    • 2010
  • In a virtual community, one can possess multiple identities and pretend to be different by creating self-identity in contrast with his or her actual self. Does false identity undermine the qualitative growth of a virtual community by reducing members' accountability? Or does it stimulate their contributive behaviors by ensuring freedom of speech? It is imperative to understand the effects of multi-identity considering the distinct properties of a virtual community in which people easily change their identities at little or no cost. To answer these questions, we adopted the concept of self-discrepancy from the social psychology theory rooted in the concept of the self and developed a theoretical model to predict quality of contribution of the individual member in virtual communities. Based on the self-discrepancy theory, we first identified two different domains of the self: (1) an "actual self" that consists of attributes that the person believes he or she currently possesses in real life and (2) a "cyber self" that consists of attributes the person believes he or she possesses in a virtual community. Next, we derived an index for two different types of self-discrepancy by using the differences between the actual and the cyber identities: Personal Self-discrepancy and Social Self-discrepancy. Personal Self-discrepancy reflects the degree of discrepancy between actual and cyber identity regarding a person's intelligence, education, and expertise. Social Self-discrepancy reflects the degree of discrepancy between actual and cyber identity regarding a person's morality, sociability, and accordance with social norms. Finally, we linked them with sense of virtual community, perceived privacy rights, and quality of contribution to examine how having a multi-identity influences an individual's psychological state and contributive behaviors in a virtual community. The results of the analysis based on 266 respondents showed that Social Self-discrepancy negatively influenced both the Sense of Virtual Community and Perceived Privacy Rights, while Personal Self-discrepancy negatively influenced only Perceived Privacy Rights, thereby resulting in reduced quality of contribution in virtual communities. Based on the results of this analysis, we can explain the dysfunctions of multi-identity in virtual communities. First, people who pretend to be different by engaging in socially undesirable behaviors under their alternative identities are more likely to suffer lower levels of psychological wellbeing and thus experience lower levels of sense of virtual community than others. Second, people do not perceive a high level of privacy rights reflecting catharsis, recovery, or autonomy, even though they create different selves and engage in socially undesirable behaviors in a virtual community. Third, people who pretend to be different persons in terms of their intelligence, education, or expertise also indirectly debase the quality of contribution by decreasing perceived privacy rights. The results suggest that virtual community managers should pay more attention to the negative influences exercised by multi-identity on the quality of contribution, thereby controlling the need to create alternative identities in virtual communities. We hope that more research will be conducted on this underexplored area of multi-identity and that our theoretical framework will serve as a useful conceptual tool for all endeavors.

Comparative Study on the Personal Assistance System for Persons with Disabilities in South Korea and Japan -Focusing on Self-Determination of People with Disabilities - (장애인활동 지원제도에 관한 한·일 비교 -장애인의 자기결정권 보장을 중심으로-)

  • Lee, Mi Jeong
    • 재활복지
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    • v.17 no.4
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    • pp.1-26
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    • 2013
  • As the social development progress, social welfare policy for people with disabilities also advance to meet rights of people with disabilities. The personal assistance service(PAS) is the primary service system for persons with disabilities based on guaranteeing the self-determination. The purpose of this study was to compare the personal assistance service system between Japan and Korea to propose improvement plan for Korean system. The comparison of two countries was based on current situation analysis of PAS. The analysis on eligibility criteria, information referral, amount and type of services and service provider, appealing process and service fee deductible etc. The result showed that PAS in Korea is served according to administration convenience than personal need based. Korean PAS policies are limited to particular service amount and type of needed services to satisfy personal PAS need. Whereas, Japan PAS system is served on the philosophy of independent living paradigm and therefore, PAS is provided on personal service needs. The service emphasis is on self-determination and rights on service selection for persons with disabilities. The recommendation for improvement of PAS in Korea are as followed. First, PAS should served under independent living paradigm. Paradigm based service is important because it effects the main theme of PAS; the self determination and rights of service selection. Second, reconstruction of PAS system is needed. As it showed on analysis, eligibility criteria, information referral, amount and type of services and service provider, appealing process and service fee deductible need to be supplemented. Last, to better serve PAS, case management method should be apply. Case management would contribute to settlement of PAS system in Korea. Thru case management, participation opportunities of people with disabilities must be provided during the selection of service quantity and type of PAS.

Collection of Location Data and Human Rights to Information projected onto the Apple Inc.'s Case (애플사(社)의 위치정보 수집과 정보인권)

  • LEE, Min-Yeong
    • Informatization Policy
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    • v.19 no.1
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    • pp.74-90
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    • 2012
  • This thesis analyzes the Apple Inc.'s case from the viewpoint of the necessity for the protection of information privacy related to location data as for information society and ubiquitous community. Meanwhile, the regulatory conformity to equilibrium of contradictional value between personal data protection and utilization of information is debated from the fundamental right as for constitutional law concept to the commercial and technological structure in terms of economic and business point. Therefore, this paper reaches the conclusion that the legislative system should form a harmonious relationship between legal protection and lawful utilization to reappraise the present condition of legalization on personal data protection from guaranteeing rights and interests of information subject in the perspective of human rights to information guarantee consequently. As a result, it is required to revaluate the lawfulness of the fine on the violation of administrative duty levied by KCC(Korea Communications Commission).

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Future Tasks of the Law Forcing CCTV Installation in Operating Rooms (수술실 내 CCTV 설치 의무화 법안의 향후 과제)

  • Lim, Ji Yeun;Kim, Kye Hyun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.185-210
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    • 2021
  • On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

The Protection of Personal Information and the Principle of Proportion in Information Societies

  • Gu, Hyung-Keun
    • Journal of the Korea Society of Computer and Information
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    • v.20 no.7
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    • pp.109-114
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    • 2015
  • With the realization that the police's personal information gathering activities can violate the authority to decide one's information guaranteed by the Constitution, many people are interested in the legal terms of the police's information gathering and handling. The police's personal information gathering activities imply both the purpose of public welfare and order and the risk of violation of basic rights of citizens, their effective balance is critical. In this respect, this study reviews the principle of proportion as a principle of control of personal information gathering and handling (police intelligence activities) by state to discuss its implications on legislation.

Human Rights in The Context of Digitalization. International-Legal Analysis

  • Panova, Liydmyla;Gramatskyy, Ernest;Kryvosheyina, Inha;Makoda, Volodymyr
    • International Journal of Computer Science & Network Security
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    • v.22 no.5
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    • pp.320-326
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    • 2022
  • The use of the Internet has become commonplace for billions of people on the planet. The rapid development of technology, in particular, mobile gadgets, has provided access to communication anywhere, anytime. At the same time, there are growing concerns about the behavior of people on the Internet, in particular, towards each other and social groups in general. This raises the issue of human rights in today's information society. In this study, we focused on human rights such as the right to privacy, confidentiality, freedom of expression, the right to be forgotten, etc. We point to some differences in this regard, in particular between the EU, etc. In addition, we describe the latest legal regulation in this aspect in European countries. Such methods as systemic, factual, formal and legal, to show the factors of formation and development of human rights in the context of digitalization were used. The authors indicate which of them deserve the most attention due to their prevalence and relevance. Thus, we concluded that the technological development of social communications has laid the groundwork for a legal settlement of privacy and opinion issues on the Internet. Simultaneously, jurisdictions address issues on every aspect of human rights on the Internet, based on previous norms, case law, and principles of law. It is concluded that human rights legislation on the Internet will continue to be actively developed to ensure a balance of private and public interests, safe online access and unimpeded access to it.

The Effects of Pre-service Early Childhood Teachers' Personality on Their Perception of Children's Rights (예비유아교사의 인성이 유아권리인식에 미치는 영향)

  • JiYoon Kim
    • The Journal of the Convergence on Culture Technology
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    • v.9 no.4
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    • pp.85-93
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    • 2023
  • The purpose of this study was to investigate the pre-service early childhood teachers' personality on their children's rights perception. The subjects of this study were 253 early childhood education majors in Seoul and Gyeonggi province. The statistical analysis of this study was analyzed using the SPSS V.22.0 program. The result of the study is summarized as follows. First, the result of the current study reveals that personality and perception of children's rights are correlated. Also, there was a statistically significant positive correlation between personality and perception of children's rights. Second, it was found that the 'social relationship' sub-factor in personality affected the pre-service early childhood teachers' perception of children's rights. Therefore, it is necessary to promote personal development in order to enhance pre-service early childhood teachers' perception of children's rights.

A Study on the Problems in the Use of CCTV by the Police and Some Proposals (경찰CCTV 운용상의 문제점과 개선방안)

  • Lee, Sang-Won;Lee, Seung-Chal
    • Korean Security Journal
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    • no.10
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    • pp.215-242
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    • 2005
  • As CCTV can be an effective tool to prevent or suppress crime at low cost, they have been widesoread in developed countries. In spite of their effectiveness, they infringe some constitutional rights such as the right to privacy, the right of likeness and the right to control over personal information. The police and ward offices install CCTV in public areas to prevent crimes without a legal basis or standard. When information obtained in such a way is used as investigation data for the police or as an evidence in a court, it can cause serious trouble. To solve this problem, legal restriction on the installation of CCTV as should be clearer. Since current laws on public agencies' protection of personal information are too general, they are not effective enough to protect personal information. Therefore, Personal Information Protection Organic Act should be enacted to make a legal basis for protecting comprehensive personal information. It should be obvious who installs CCTVs, who pay for the cost and how they are managed. Before installation, the police and ward offices should obtain residents' consent through a public hearing or voting (on the range and purpose of installation), or conduct an impact assessment. During installation, CCTVs should be limited to prevent or suppress crimes, keep public order and void dangers. In case of making a sign of installation, it must specify its rights. After installation(operation/management phase), they should abide by principles of information protection and try not to infringe constitutional right. In the cognitive aspect, the police should constitutional rights must be secured although it is important to carry out their missions. The police should serve citizens and change to the police of communities. Citizens should understand that constitutional right can be infringed if public order is not maintained. When citizens cooperate with the police, they fear of crimes will decrease.

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