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Cyber (in)security of personal data and information in times of digitization
Miha Dvojmoč, Mojca Tancer Verboten, 2022, original scientific article

Abstract: In an employment relationship, work and pay are no longer the only important aspects, as importance is increasingly shifting toward obligations concerning the protection of personal data and privacy arising from the prohibition of causing harm to the employer and the duty of loyalty to the employer. The article deals with the constitutionally protected right to privacy and the protection of personal data from the point of view of ensuring cyber security at the employer. The employer is obligated to protect the right to privacy by legal provisions, whereas from the point of view of ensuring the protection of privacy and information, the employer must protect, first and foremost, the personal data of employees. The main purpose of the legal protection of personal data is the lawful and fair processing of the personal data of individuals. Employers are thus facing an increasing number of risks related to the safety of employees and the security of business processes, and it is therefore important to establish comprehensive corporate security to ensure adequate security across all levels.
Keywords: cyber security, protection of personal data, protection of privacy, cyber threats, protection of business secrets
Published in DKUM: 11.06.2024; Views: 63; Downloads: 0
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Privacy and data protection concerns in the regulatory framework of Slovenian energy law
Zoran Dimović, 2023, original scientific article

Abstract: The implementation of smart energy systems (SES) in the Slovenian energy sector has raised significant privacy and data protection concerns. The collection and processing of personal data from energy consumers, as well as cybersecurity threats, pose risks that must be addressed. The legal framework governing privacy and data protection in the energy field in Slovenia is based on the GDPR, ZOEE, ZVPot-1, ZVOP-2 and others, which impose significant obligations on entities processing personal data. To mitigate these risks, exact terminology must be used to implement privacy, data protection and also cybersecurity measures and ensure compliance with the legal framework.
Keywords: cybersecurity, data protection, energy law, green and digital transformation, privacy protection
Published in DKUM: 20.02.2024; Views: 236; Downloads: 10
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Patient's right to protection of personal data in the legal system of Bosnia and Herzegovina
Marko Bevanda, Maja Čolaković, 2017, original scientific article

Abstract: Health-related personal data belong to a category of sensitive data which, therefore, must be specially protected. The protection of personal health data is one of the patients´ fundamental rights. Doctors protect their patients´ interests only when the information gained about patients, while providing them medical treatment, are kept secret. In this paper, the authors provide an overview of the legal framework for the protection of health-related personal data in the legal system of Bosnia and Herzegovina. In addition to the analysis of the relevant legal provisions and considering the situation in practice, it can be concluded that formal harmonisation of legislation with the acquis communautaire in this field is not followed by effective implementation of regulation in practice.
Keywords: privacy, doctor, medical malpractice, liability for damage
Published in DKUM: 09.10.2018; Views: 1002; Downloads: 143
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Medical-legal aspects of confidentiality in the field of pharmaceutical health care
Hajrija Mujovic, 2017, original scientific article

Abstract: The field of pharmaceutical health care is becoming increasingly established. Modernly, pharmacists learn more from patients about their prescriptions and other very personal, sensitive information. However, having access to an ever-increasing amount of sensitive, personal information raises serious issues pertaining to patient secrets and confidentiality. The term professional secrecy (hereinafter confidentiality) as well as any other form of discretion connected with a professional activity is construed broadly. However, the precise scope of confidentiality is not strictly defined in legislation. Obligation of professional secrecy has been diminished partly due to the general progress in a society and the progress of medical professions. The development of the protection of human rights is a continuous process.
Keywords: pharmaceutical services, privacy, confidentiality, professional secrecy, liability
Published in DKUM: 02.08.2018; Views: 938; Downloads: 58
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Jurisdiction in on-line defamation and violations of privacy : in search of a right balance
Jerca Kramberger Škerl, 2017, original scientific article

Abstract: This article will address the rules of EU private international law regarding the international jurisdiction in defamation and the violations of the right to privacy committed via the internet. Being that there is no common conflict of laws rule regarding these issues and a number of different courts hold jurisdiction, great efforts are being taken to prevent the so called "forum shopping", or, as regards to defamation, "libel tourism". It is namely very hard to strike a fair balance between the procedural rights of both parties, since this is strongly connected with striking a balance between the freedom of speech, on one hand, and personality rights, on the other, all of which are fundamental rights. During the internet era, the problems regarding cross-border issues on defamation and privacy cases rose to a whole new dimension. The interpretation of the traditional connecting factor, the place where the harmful event occurred, became very difficult. Over the years, the Court of Justice of the EU has issued several milestone judgments interpreting Article 7(2) of the Brussels I Recast Regulation in such a way that the particularities of violations committed via the internet are taken into account.
Keywords: defamation, personality rights, privacy, jurisdiction, private international law, libel tourism, forum shopping, Brussels I Recast, torts, delicts
Published in DKUM: 02.08.2018; Views: 1193; Downloads: 82
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The prospects for consumer-oriented social media
Roger Clarke, 2014, original scientific article

Abstract: 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.
Keywords: social media, social networking service, interoperability, terms of service, privacy
Published in DKUM: 22.01.2018; Views: 1592; Downloads: 394
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Advances in cybersecurity 2017
2017, scientific monograph

Abstract: Understanding the cyberspace and awareness of its effects impacts the lives of all individuals. Thus, the knowledge of cybersecurity in both organizations and private operations is essential. Research on various aspects of cybersecurity is crucial for achieving adequate levels of cybersecurity. The content of this scientific monograph provides answers to various topical questions from the organizational, individual, sociological, technical and legal aspects of security in the cyberspace. The papers in the monograph combine the findings of researchers from different subareas of cybersecurity, show the effects of adequate levels of cybersecurity on the operations of organizations and individuals, and present the latest methods to defend against threats in the cyberspace from technical, organizational and security aspects.
Keywords: cybersecurity, cyber resilience, mobile security, digital privacy, IoT security
Published in DKUM: 08.12.2017; Views: 1853; Downloads: 317
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Borders of communication privacy in Slovenian criminal procedure : constitutional challenges
Sabina Zgaga Markelj, 2015, original scientific article

Abstract: Due to fast technological development and our constant communication protection of communication privacy in every aspect of our (legal) life has become more important than ever before. Regarding protection of privacy in criminal procedure special emphasis should be given to the regulation of privacy in Slovenian Constitution and its interpretation in the case law of the Constitutional Court. This paper presents the definition of privacy and communication privacy in Slovenian constitutional law and exposes the main issues of communication privacy that have been discussed in the case law of the Constitutional Court in the last twenty years. Thereby the paper tries to show the general trend in the case law of Constitutional Court regarding the protection of communication privacy and to expose certain unsolved issues and unanswered challenges. Slovenian constitutional regulation of communication privacy is very protective, considering the broad definition of privacy and the strict conditions for encroachment of communication privacy. The case law of Slovenian Constitutional Court has also shown such trend, with the possible exception of the recent decision on a dynamic IP address. The importance of this decision is however significant, since it could be applicable to all forms of communication via internet, the prevailing form of communication nowadays. Certain challenges still lay ahead, such as the current proposal for the amendment of Criminal Procedure Act-M, which includes the use of IMSI catchers and numerous unanswered issues regarding data retention after the decisive annulment of its partial legal basis by the Constitutional Court.
Keywords: privacy, communication privacy, Constitution, criminal procedure, modern technology, Slovenia
Published in DKUM: 06.07.2017; Views: 11368; Downloads: 155
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Tomaž Anclin, 2015, master's thesis

Abstract: Privacy is a matter of ever greater concern in the modern world, and tackling it is increasingly difficult as technology and globalisation threaten it at every step. People have been foreseeing such problems since the last century, and the most imaginative of these are the authors of dystopian fiction. Their works show worlds where the individual is controlled by the State, where the concepts of privacy and sexuality are victims or do not even exist any more. This thesis aims at identifying privacy's role in dystopian literature and observes how sexuality fits into the grander scheme of various societies. With this knowledge, it becomes possible to observe the modern world to see where fiction and reality meet on these topics. In order to thoroughly analyse privacy, it was necessary to separate it into different fields. The structure of the thesis follows this separation throughout. Works included range from classic novels, to articles in journals and media outlets. Each author of a dystopia provides a different vision of the future; thus, a range of surveillance methods are shown, although their targets, whether it be the body or the mind, never differ. Some works give certain targets more attention, others less. Yet, in the end the breach of privacy is an important theme in all the dystopias. A lack of privacy helps find the few dangerous individuals who are sacrificed for the stability of the many, the society, which means the safeguarding of the leaders. Sexuality is used against the people in various ways based on the needs and views of the authority, usually the State. In the modern world similar methods for dealing with privacy and sexuality are used, with some authorities behaving in similar ways. Dystopias can thus function as an effective introduction to an understanding of the modern world.
Keywords: privacy, sexuality, dystopia, surveillance, control
Published in DKUM: 16.10.2015; Views: 1365; Downloads: 111
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