Персональные данные в трудовых отношениях: допустимые пределы вмешательства в частную жизнь работника
This article is devoted to the problem of ensuring the balance between interests of employees and employers which monitor actions of their employees. The article covers European, American and Russian approaches to establishing the scope of employer`s right to interfere with employee`s privacy. The main idea of the article consists in necessity to apply the principles set forth in legislation for determining a legal extent of using a particular method of employee monitoring. Also the article provides the exemplary legal analyses of such mean of employee monitoring as video surveillance in the workplace.
This paper presents an analysis of Russian data retention regulations. The most controversial point of the Russian data retention requirements is an obligation to keep the content of communications that is untypical for legislation of European and other countries. These regulations that oblige telecom operators and Internet communication services to store the content of communications should come into force on July 1, 2018.
The article describes in detail the main components of the data retention mechanism: the triggers for its application, its scope, exemptions and barriers to its enforcement. Attention is paid to specific principles for implementation of content retention requirements based on the concepts of proportionality, reasonableness and effectiveness.
Particular consideration is given to the comparative aspects of the Russian data retention legislation and those applying in different countries (mainly EU member states). The article focuses on the differences between the Russian and EU approaches to the question of how to strike a balance between public security interests and privacy. While the EU model of data retention is developing in the context of profound disputes on human rights protection, the Russian model is mostly concentrated on security interests and addresses mainly economic, technological aspects of its implementation.
The paper stresses that a range of factors (legal, economic and technological) needs to be taken into account for developing an optimal data retention system. Human rights guarantees play the key role in legitimization of such intrusive measures as data retention. Great attention should be paid to the procedures, precise definitions, specification of entitled authorities and the grounds for access to data, providing legal immunities and privileges, etc. Only this extensive range of legal guarantees can balance intervention effect of state surveillance and justify data retention practices.
The monograph reveals the legal mechanisms for ensuring information security on the example of the United States and a number of EU countries. The analysis of the legislation of these States allowed us to demonstrate the features of legal regulation of information security in the conditions of active use of distributed computing technologies for the formation of the digital economy. The research is of interest to researchers, specialists in the field of information law, and students of higher educational institutions.
The aim of the article is to study the legal identification of problems of man and his activities on the Internet. Materials and methods. To achieve the goal the author analyzes the term "identity" as used in normative legal acts of the Russian Federation; practical implementation of the identification process in the Russian Federation and the United Kingdom. The article describes the features of subject structure of legal relations arising in the process of organizing the delivery of public services through the system identification / authentication in the UK. human identification process on the internet are viewed through the ratio of the right to security of person's private life and the right of third parties to know the identity of the participant relationships. Results. The author presents his own definition of human identification on the Internet - as a set of legal, organizational and technical measures for the establishment of information on the Internet, which allows to determine the identity of the person and confirm the accuracy of this information in the following ways: using the information of a registered user a single identification / authentication systems; or using information obtained from providers, information intermediaries, service providers and others involved in the organization of human activities on the Internet in the framework of the relevant request for them to provide such information.
Response to Peter Schaar (Chairman of the European Academy For Freedom of Information and Data Protection, former German Data Commissioner) about the incompatibility of the Internet and Big Data with Data protection. It declares that technological development has overtaken the policy-making process and applications according to web 3.0 are likely to be far more effective at piecing together personal data than even traditional search engines.
The series of studies collected in theis book represent different approaches of their authors to the problem of privat life in the past.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/