Search results - CEJSH

1

Covid Tracking Apps, Over Reliance on Technology, Bias and Unfairness

100%

Hilcenko C., Taubman-Bassirian T., Kovacic Z.

Journal of Education, Technology and Computer Science

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2021

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vol. 12

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issue 2(32)

93-103

EN

Various contact tracing apps tracking the spread of the pandemic were issued in different countries. Mainly based on two technologies, centralised with more control by the governments or decentralised controlled by the Apple or Google Android mobile phone systems. In this paper, we will discuss the advantages and disadvantages of the different systems, as well as their potential dangers.

2

Zniesławienie na Facebooku

100%

Wełyczko S.

Themis Polska Nova

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2015

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issue 2(9)

192-215

EN

The article examines the mechanisms of defamation in the internet space, social media and Facebook in particular. Human dignity is protected both as a constitutional value and as an individual right, though in everyday practice law-enforcement bodies usually tend to be unwilling to react to violations of human dignity, while appropriate legal provisions are often not in place to be implemented. Actions taken by the police in investigating appropriate cases do not always manage to identify perpetrators or bring them to justice. Most internet or cyber crime occurs across international borders and can be committed anonymously. There are certain types of defamatory statements that are considered to harm the reputation of the victim. Libel in the internet involves cyberbullying, online harassment, cyber-stalking, and, most of all, internet trolls. Trolling is any deliberate and intentional attempt to disrupt the credibility of others, often involving petty arguments. People tend to lose control of their emotions when they go online. An explosion of raw and unbridled emotions follows, standards wane, and eventually some internet users lose their touch with reality. Cyber violence and online harassment are punishable crimes and are subject to criminal prosecution: defamation, libel and online threats. Stalking and vulgar language in public places are offences subject to public prosecution and the provisions of the Petty Offences Procedure Code. . Generally, a defamatory statement published to third parties has to be proved and it has to be proved that the publisher knew or should have known that the statement that they made which harmed the reputation was false. The good name or reputation of another can be damaged, or even totally destroyed, in a number of ways. To calumniate another is certainly to ruin a person’s or a company their good name and so to do them an injustice. The number of criminal offences under Article 212 has increased four times over the past ten years.

3

Prawo do życia rodzinnego na tle ogólnie pojmowanej prywatności jednostki

100%

Michałowska K.

Zeszyty Naukowe Uniwersytetu Ekonomicznego w Krakowie

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2013

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issue 911

51-64

EN

The article examines the conceptual scope and the capacity of the right to privacy. The study analyses the conceptual scope of ways of formulating the right to privacy and its sources in the literature. In the light of this relationship: value – personal rights – right of the subject, the considerations center on proving the fundamental thesis of the article – that the right to family life is an independent value formulated within a framework of isolated personal rights. The considerations focus on the juxtaposition of the two rights – to privacy and to family life – to determine their mutual relationships and prove the thesis adopted at the beginning of the article.

4

Prywatność w mediach - obraz polityka w tygodniku opinii "Wprost"

100%

Szwed A.

Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego

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2013

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issue 3(25)

569-584

EN

In the election campaign, politicians use the media to improve the image. They also want to discredit political opponents. They use rumors and factoids. Politicians in „Wprost” before the parliamentary election in 2011, in Poland, they created positive image and they competed about the place on the election list. Because of celebritisation of politics disappeared border between the public sphere and the private sphere of the activities. Politicians in the pre-election interviews are telling about family, hobby, the private life and friendships. In this way, they let journalists on continuing the subject of their private life on. The text illustrated with examples taken from polish politics before the parliamentary election in 2011.

5

Data retention as a counter-terrorism instrument. The analysis in the context of civil rights protection

100%

Trela-Zielińska J.

Reality of Politics

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2017

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issue 8

141-153

EN

The article analyses the legitimacy of citizens telecommunications data retention usage in the fight against terrorism. Data retention, that is the preventive storage of information on the source, data, hour and duration of a connection, type of the connection, communication tool and location of a recipient, is a powerful source of knowledge about citizens and their use should be soundly justified. However, both the European Union and Polish practices show that behind this interference in privacy there is neither a guarantee that the data stored would be used exclusively to fight terrorism and severe crimes, nor a sufficient access control mechanism. The efficiency of data use in the fight against organized crimes, including terrorism, is also dubious. In her work the author analyses Polish studies concerning information disclosure issues, Internet publications of the European Union and American reports on retention programmes, as well as Polish and foreign positions of non-governmental organizations engaged in the civil rights protection in this respect.

6

Sféra soukromí a sféra zaměstnání − synergie či antagonismus?

100%

Novotná Březovská B.

Społeczeństwo i Edukacja. Międzynarodowe Studia Humanistyczne

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2012

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issue 2

429-436

EN

This contribution deals with privacy at work from the angle of social psychology and ethics. The purpose is to try to find a definition of privacy itself and to point out the ambivalence of privacy in the private sphere of life and in the public sphere of life. It occurs that its roots are essentially ethical.

7

Property which cannot be disposed of or the sphere of privacy or freedom of expression? Authorship of a work in the light of the protection of human rights

100%

Machowicz K.

Annales Universitatis Mariae Curie-Skłodowska, sectio K – Politologia

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2015

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vol. 22

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issue 1

EN

Unlike the author’s economic rights, the authorship of a work as well as other moral rights should not necessarily be classified as a kind of intellectual property. If literature presents the problems of copyright as an element of intellectual property, this is done in reference to economic rights. The issues connected with moral rights appear then as the background condition for economic rights to arise. However, according to the will of the legislator, the nature of these rights was formed in a different way. While economic rights are a kind of intellectual property, the authorship of a work should rather be viewed as a phenomenon at the intersection of the right to privacy (particularly at the stage of an already established but not yet completed work) and the right to freedom of expression (from the moment of the exercise of other moral rights and the moment of taking a decision to make a work public under the author’s own name). The right to withhold authorship cannot be interpreted as the right to change the author by agreement of the interested parties.

8

Right to publication of information about the sphere of privacy in Polish law

100%

Święcka K.

Studia Prawnicze

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2011

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issue 2 (188)

59-86

EN

One of the interests protected by the law is an individual’s privacy. We should also remember that, most of all, it is an individual himself who always remains a decision-maker while determining the scope of his privacy to be protected, and this is his right within informative autonomy that remains the crucial point of reference for legal evaluations. It does not mean that there are no exceptions to this, nevertheless, the scope of press invasion of this sphere of human life is determined unanimously either by the legislator (as it is in the Polish law – Art. 14 par. 6 of the PL, or in the Lithuanian Civil Code - Art. 2.23 § 3) or by the court jurisdiction. Circumstances of private and family life include such spheres of life with reference to which social interest does not cause the state’s invasion. The sphere of private life is subject to special legal protection. A principle banning dissemination of information from the sphere of privacy in the mass media should be adopted. Invasion of this sphere of life is exceptionally admissible under Art. 14 par. 6 of the PL when a specific behavior of a criticized person, which he/she has been accused of, goes beyond the boundaries of private or family life in its strict sense, and directly influences a public activity. In the case of invasion of the sphere of privacy, the issue whether the allegations are true recedes into the background. The first criterion of the investigation should be the question whether social usefulness of given facts justifies publication of information about an individual’s personal life in the media. The provision of Art. 14 par. 6 of the PL allows publication of information about an individual’s private life only if it is directly connected with his/her activity. It is assumed that some facts from an individual’s life must be capable of contributing to the evaluation of actions he/she is carrying out within his/her public activity. A degree of privacy does not matter here (more or less intimate relations) but the fact whether revealed information from an individual’s life may impact on the way they are conducting their public activity. It should be added that the jurisdiction of the European Court protects private life of, e.g. a politician, too. Family and private life is still subject to protection even though public opinion has the right to learn about such matters but only those which are connected with politicians’ official position or those that influence the evaluation of their credibility . Regulations concerning “exclusion of privacy protection” of public figures are nowadays recognized in many contemporary legal systems either by means of explicit legislative decisions or jurisdiction, and they are commonly treated as a necessary element of control exercised in a democratic state of law over persons performing important functions in the society. For instance Art. 9 of the French Civil Code stipulates that private life is explicitly and specially protected within the right to personality. Lithuanian Civil Code expressly bans publication of information from the sphere of privacy. It is exceptionally admissible with regard to persons holding public offices without their consent only if it is justified by reasonable public interest (Art. 2.23). The prerequisites of invasion of the sphere of privacy are similar in most countries (it results from the jurisdiction, doctrine or legislation). They include: holding a public position/office by individuals, a possibility provided by disseminated information to evaluate their actions in connection with their functions. We cannot draw a clear border between the right to privacy and the right to information. Nevertheless, it should be noticed that individuals performing public functions (or those who have become popular in result of their professional activity, e.g. actors or journalists) have the right to privacy protection too. Persons who are popular, those who hold top offices/positions in a state, or politicians, are doomed to be subject of greater inquisitiveness and criticism of the media, but the scope of such interest should be determined statutorily or shaped by means of court jurisdiction.

9

Internet-related risks from the perspective of Polish adolescents with a focus on hate speech

100%

Kapera A., Kapera J.

Studia Prawnicze: rozprawy i materiały

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2021

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issue 1(28)

133-146

EN

The aim of the study was to present the main threats related to the use of the Internet by the Polish youth and to analyse them with particular emphasis on issues related to hate speech. Using the Internet, apart from its undoubted usability, brings with it a number of threats, among which are: malware (including spyware, ransomware, “crypto-miners” and adware), invasion of privacy (both by private individuals (stalking) and advertising companies), phishing, spam, hate speech, paedophilia, human trafficking, cyber-bullying, and, less frequently, targeted attacks. According to the survey, nearly 70% of the respondents encountered threats on the Internet. The phenomenon of hate speech affects 37% of respondents who fell victim to it and 18% who practised hate speech.

10

Access to Financial Information for Tax Purposes and Proportionality – Balancing Public Interest with the Protection of Privacy

100%

Teixeira G., Pinho M. F., Teixeira H.

Finanse i Prawo Finansowe

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2023

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vol. 3

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issue 39

7-14

EN

The purpose of the article is to analyse how to balance public interests with the protection of privacy in the tax field. It has not been an easy task especially in the context of access to financial information. In this area, the compromise to achieve transparency needs to pay regard to the principle of proportionality, as reinforced by recent case law of the ECJ, and align with specific legislation such as the EU General Data Protection Regulation and recently enacted EU Digital Services Act. It is extremely important to investigate the possible consequences of acting against fundamental rights that are attributed to European citizens (and not only), such as the right to privacy and the protection of personal data. The paper aims to provide relevant and further insight to paths that lead to a fair way to handle such relevant information. Every citizen, every academically inclined and dedicated individual, every public official, every judicial agent, must question whether the public interest can ever, or at least, recurrently, surpass a fundamental right to privacy, specially, in a sensible area as the financial information of an individual. Such actions can often lead, if mistakes are made along the way, to dangerous outcomes, such as public humiliation, and can even harm the person’s professional and personal life. Methodology. In the course of the paper, an analysis is made of public decisions taken in cases across the European continent. Additionally, some considerations are made about the recent legislation that is produced by competent authorities, particularly the European Institutions. Results of the research. The authors offer a personal insight regarding the information that has been gathered, confirming some significant concerns. What is of crucial importance, as stated in the title of this article, is a well established balance between the public interest and the protection of privacy, with explained and defined possible paths to follow.

11

Disentangling Privacy and Intimacy: Intimate Citizenship, Private Boundaries and Public Transgressions

88%

Reynolds P.

Human Affairs

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2010

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vol. 20

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issue 1

33-42

EN

Recent theorisations of transformations of intimacy-like Ken Plummer's (2003) Intimate Citizenship project-concentrate on social and cultural transformations that erode the containment of intimacy within the private sphere. They have less to say about the character of and oppositions to that erosion, and specifically how far the idea of the private stands in opposition to intimacy transgressing into the public. In this essay, the private is explored through its constitutive features-liberal codifications of rights, liberty and property, medico-moral discourses and conservative values and legal and political regulation-to give a more political and critical reading. This reading suggests that an explicit disentangling of the private and the intimate is necessary if tendencies toward public and emancipated intimacies are to become meaningful transformations, and this involves a dissembling of and critical engagement with the powerful historically entrenched idea of privacy in western societies.

12

Trustee’s Duty to Become Familiar with the Contents of the Mail Addressed to a Bankrupt and the Right to Privacy

88%

Wołowski P.

Krytyka Prawa. Niezależne studia nad prawem

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2023

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vol. 15

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issue 1

275-299

EN

The publication looks into the conflict that occurs between values protected under the Constitution of the Republic of Poland – i.e. the right to privacy and the protection of communication versus the protection of property rights – in a situation of declaration of bankruptcy. Acting pursuant to Article 176(2) of the Bankruptcy Law, the legislator has a priori given preference to the protection of property rights over the right to privacy and the protection of communication. The conflict in question has been resolved in favour of bankruptcy creditors. The legislator’s adoption of a hierarchy of values in the area of bankruptcy law does not, of course, deal with all the problems arising in the field of the conflict between these values, and does not mean that the solution chosen is in accordance with hierarchically higher norms – meaning constitutional norms. In principle, the Constitution of the Republic of Poland makes the legislator free to resolve conflicts of competing values protected under this normative act. What is important is that this conflict be resolved by the – legislator in a way that meets the requirements of Article 31(3) of the Constitution of the Republic of Poland.

13

Autonomous Vehicles – a New Challenge to Human Rights?

88%

Iwan D.

Adam Mickiewicz University Law Review

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2019

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vol. 9

EN

New technologies, as autonomous vehicles are, disrupt the way people exist, and con-sequently with human rights. Research devoted to artificial intelligence and robotics moves freely and the destination, for the time being, is unknown. This is the reason why special attention should be paid to the ethics of these branches of computer science in order to prevent the creation of a crisis point, when human beings are no longer neces-sary.. The aim of this paper is to examine whether such development is a new challenge to human rights law and what happens when an autonomous vehicle drives an autono-mous human being. The paper also mentions the desirable level of human control over the machine so that human dignity, from which human rights originate, is preserved.

14

The Prospects for Consumer-Oriented Social Media

88%

Clarke R.

Organizacija

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2014

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vol. 47

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issue 4

219-230

EN

Background and Purpose: The term ‘social media’ refers to a cluster of applications and online services that support human interaction and content broadcasting and sharing. Current services are isolated islands or ‘walled gardens’, and are based on a business model that is highly exploitative of individuals and their data. Design/Methodology/Approach: Surveys of the refereed literature have been undertaken on several occasions during the period 2012-13. Reviews were conducted of social media services that are reasonably described as ‘consumer-oriented’. Media reports on those services were uncovered. The available information was then subjected to analysis, including reflection based on prior research conducted by the author. Results: Required characteristics of consumer-oriented social media, and barriers to emergence and adoption of such services were identified. That provided a basis for proposing means to overcome those barriers. Key impediments to the emergence of such services were identified, and means of overcoming the impediments outlined. Conclusion: An alternative, consumer-oriented approach is feasible, involving open architecture, inter-operability and portability features, fair terms and privacy-sensitivity.

15

Privacy and data protection: Legal aspects in the Republic of Macedonia

88%

Osmani N.

Academicus. International Scientific Journal

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2016

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issue 14

59-68

EN

The purpose of this paper is to present a theoretical assessment of the existing Law on Personal Data Protection in the Republic of Macedonia. The paper aims to analyse whether there is a need for additional legal tools in order to achieve a balance between maintaining data integrity in the digital age and the use of modern technology. The paper discusses the meaning of “information privacy” in the age of big data, cyber threats and the domestic and international response to these issues. Special focus is dedicated to privacy policy enforcement in European Union Law. Having regard to the development of new technologies, prevailing data protection legislation may no longer be able to provide effective protection for individuals’ personal information. Therefore, existing laws should be continuously adapted to respond to new challenges and situations deriving from different online activities and communications.

16

Polski dyskurs prywatności

88%

Kita M.

Postscriptum Polonistyczne

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2013

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issue 1(11)

93-103

EN

The main hypothesis presented in this article is the very existence of the discourse of privacy that is rooted in culture. This research covers the area of Polish contemporary discourse. The author claims that certain parts of the world of discourse consist of specific genres of speech and cultural scripts that determine the subsequent language choices of those who communicate. The author also implies that privacy as a psycho‑social feature is relative and it is revealed in a bipolar (PRIVATE – PUBLIC) structure. She implies that there is the migration of the discourse of privacy manifestations from their natural context („internal world“ of an individual, home, family, friends) to the public discourse. Such transgressive behaviour of participants of the „worlds of texts“ is one of the most important features of postmodern contemporaneity.

17

Youtuberství jako konstrukce, destrukce a reparace soukromí

88%

Slavík L., Pospěch P.

Sociologický časopis. Czech Sociological Review

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2019

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vol. 55

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issue 2

135-159

EN

The study focuses on privacy in online social networks. It presents an empirical analysis of youtubers, a group that has not yet been studied in the Czech social sciences. Using interpretive phenomenological analysis and in-depth interviews, we show that there is a typical ‘career’ trajectory that youtubers proceed along, whose structure is determined by experiences of breach of privacy and by mechanisms of reparation. These mechanisms and practices must be employed in order to resolve a fundamental tension between the demand for self-disclosure, arising out of confessional culture and the ideology of authenticity, and the parallel demand for retaining privacy. Breach of privacy is conceptualised as a violation of the equilibrium of its three constitutive elements: content, border, and context. Such situations are experienced as threats to the identity of the youtubers, who seek to avoid these threats by means of reparation practices, changes in how they perform privacy, and the use of what we call tools of controlled (in)accessibility. Unlike normative critiques that lament the loss of privacy on social networks, this article concludes that youtubers are highly competent guardians of their own performed privacy.

18

Demographic and Socio-Economic Factors as Barriers to Robo-Advisory Acceptance in Poland

88%

Piotrowski D.

Annales Universitatis Mariae Curie-Skłodowska, sectio H – Oeconomia

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2022

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vol. 56

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issue 3

109-126

EN

Theoretical background: One manifestation of the use of artificial intelligence technology in financial services is robo-advisory. Automated assistants are used in the area of communication with consumers and the sale of financial products. The development of robo-advisory services may contribute to increasing the availability of financial services and the cost efficiency of banks’ operations. So far, however, robo-advisory has not been widely used in bank services, and the reasons for this can be seen in the lack of wide acceptance of robo-advisory by bank customers, among other things.Purpose of the article: The aim of this paper is to identify barriers to the acceptance of robo-advisory in the services of banks operating in Poland. Variables relating to the demographic and socio-economic characteristics of consumers were analysed. Knowledge in this area can provide banks with a practical guideline for activities aimed at increasing acceptance of artificial intelligence technology and wider use of robo-advisory in financial services.Research methods: The paper uses the results of a survey conducted in October 2020 regarding the application of artificial intelligence technology in the banking sector in Poland. The survey included a representative sample of 911 Polish citizens aged 18–65. A multinomial logit model was employed to identify variables that represent significant barriers to robo-advisory acceptance in financial services.Main findings: The conducted research helped identify the barriers to acceptance of robo-advisory among consumers in Poland. A low propensity to use robo-advisory in bank services is characteristic of respondents from older age groups, as well as those who do not show a predilection for testing new technological solutions. Lack of experience in using investment advisory services and customer concerns about the misuse of personal data by banks are also significant barriers.

19

Ubiór jako temat społecznej refleksji – dyskurs galicyjski w latach 1850–1914

88%

Kargól M.

Rocznik Przemyski

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2014

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vol. 50

|

issue 3: Historia

103-116

EN

Dress as an element of everyday life is an important subject in social discourse. One of the basic issues is its function: practicality, aesthetic qualities and ethics. The discussion on dress is taking place both in private and in public space. The information channels are advertisements, shops and the press. Also the linguistic plane is important here, as it reflects social conventions. The above mentioned phenomena have been described here in the light of source material on Galicia between 1850 and 1914.

20

Privacy frontiers in customers' relations with banks

88%

Piotrowski D.

Economics and Business Review

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2023

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vol. 9

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issue 1

119-141

XX

The widespread use of digital technologies in banking allows banks to obtain and analyse huge amounts of data from different communication channels. While this phenomenon is conducive to improving the quality of services it also increases the risk of privacy breaches. The aim of this study is to identify what factors determine consumer acceptance of banks' use of public access personal data found on social media accounts. The results indicate the importance of the ifnancial incentive and consumers' assessment of banks' information activities regarding the processing of personal data. Determinants relating to the technological sophisti cation of respondents were also found to be significant, with a particular focus on the ethical evaluation of deci sions made by Arfticial Intelligence algorithms. The results of the work may be used by banks in practice to adapt the area of personal data management to the requirements of e-privacy and Trustworthy Artifcial Intelligence.

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