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."
Mọi copy xin ghi rõ nguồn.
