...The concept of an individuals privacy and it’s juxtaposition with freedom of press has been an area of concern for the European Court of Human Rights for many years, as such many legislative proceedings within the United Kingdom have followed precedent set out in those cases. Richard Peppiat, former journalist for the Daily Star Newspaper during an interview once quoted, “When you are immersed in that world you don’t see people as people. You see them as targets who can provide information or quotes. You lose any moral or ethical considerations. In your desperation to get a story you forget you are dealing with individuals, family life, privacy.”.(Carrick, D. 2012) The object of this essay is to evaluate the significance of the issue of balance between an individual supposed right to Privacy and the collective right given to Freedom of Expression within the Print industry. Specific reference will be made to adjudications made by the European Court of Human rights and how this has set out guidelines regarding the aforementioned. Furthermore, these cases will be analysed and compared to notable United Kingdom court cases to allow further insight into this particular problem facing the Media industry. The National Union of Journalists set out a code of conduct, outlining the main principles of journalistic ethics, something that has been held as industry guidelines since it’s creation in 1936. Part of that code of ethics states, “A journalist does nothing to intrude...
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...ABSTRACT Human Rights have been of utmost importance from time immemorial .Article 21 of constitution of India presents a widening picture of different latent rights inside it, which are although not expressed in the constitution but they can be easily derived from other expressed rights. The right to privacy presents itself as a demonstration of an elucidatory proficiency of the Indian judiciary as well as a right derived as a corollary of the process of widenening the scope of specifically established fundamental rights. This right lacked the stamp of the Indian judiciary from the honorable Supreme Court of India, the right has been afforded legal recognition following a series of judicial ruling starting from the kharak singh case ....
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...Benjamin Marchman English 122 Cathryn Lawson The Value of Online Privacy Since the September 11th terrorist attacks the United Sates and the world at large has officially entered into an age of counter-terrorism. While the more obvious aspects of this effort against violent extremism, which violate human and constitutional rights, such as drone strikes, waterboarding, and black prison sites, are specifically targeted toward a specific population, it is the subtler aspects of mass surveillance and corporate and governmental intrusion of privacy which present an overwhelming threat to human rights and quality of life. As has been made clear by recent revelations of the scope and depth of these intrusions, internet users specifically have many reasons to suspect that private information entered online is vulnerable to un-ethical intrusions by third parties. However, many groups and individuals have come together to bring resolution to the issue of personal privacy and national security. According to article 12 of the Universal Declaration of Human Rights, no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attacks upon his honor and reputation (Lachmayer 749). However, the more subtle aspects of the new counter-terrorism age include a heightened amount of internet surveillance, video surveillance of public spaces, electronic eavesdropping, and data retention. Additionally governments have access to bank accounts,...
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... TITLE OF THE PAPER: CYBER SPACE MASS SURVEILLANCE PROGRAMS,INFRINGEMENT OF PRIVACY OF INDIVIDUALS, BY STATE IN THE NAME OF NATIONAL SECURITY. ABSTRACT: In this present era of cyber revolution and globalization, citizens have turned into “Netizens”. The advancements in the field of technology is also accompanied with the development of various methods of surveillance and intervention by the State into individuals’ private information. Governments are keeping an eagle eye by monitoring individual's movements, businesses transactions and also the means of communication, which includes cyberspace. It is alleged that the United States of America’s National Security Agency runs a program known as PRISM, which enables the US government to gain access to e- mails , conversations, pictures, voice calls and even sign in details of people using websites and applications associated with 1|Page Facebook, Yahoo, Microsoft, to name a few. Failure of cyber law mechanisms and national authorities to advance legislation and frameworks along with the technological developments and the increasing trends on States’ surveillance practices has created an environment in which citizen’s right to privacy is easily violated, leading to human rights violations also and lack of accountability, which raises questions on the legitimacy of such act of state. This research paper will mainly be focusing on this issue of privacy...
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...the privacy of medical information. Patient’s information was accessible to employers in some cases, and also to people issuing loans to these individuals. Patients reveal intimate details in confidence to their health care providers, which were normally stored in locked file cabinets, and on shelves in medical records department, now records are stored in data files and may be seen by hundreds of strangers in health service, insurance companies and any organization affiliated with health service. HIPPA Privacy Rule made it possible for all patients to see, copy and request to amend their own medical records. It provides federal protection for patient’s health information. With the Privacy Rule patients must be notify about who their medical information is disclosed to. Patients can also find out who access their medical records for the prior six years. Under the HIPPA Privacy Rule only minimum information should be disclosed to accomplish the intended purpose and a complaint can be filed if there is a violation of privacy. The Privacy Rule only applies to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of Health and Human Services has adopted standards under HIPAA. The Health Insurance Portability and Accountability Act of 1996, was enacted on August 21, 1996. Sections 261 through 264 of HIPAA require the Secretary of Health and Human Services...
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...2. Whether the right to privacy and confidentiality is a fundamental right under Article 21? 2.1. What is Right to Privacy and Confidentiality? Privacy may be regarded as a basic right of every human being. Stone in his textbook gave a narrow definition of privacy. He stated that it is the right to prevent, or to be compensated for, the unauthorized acquisition or publication of secret information. This definition, although narrow, is apt for the present facts of the case. The European court on human rights has also tried to define privacy in various cases. It has been termed as a circle around every individual human being which no government...ought to be permitted to overstep and some space in human existence then entrusted around and sacred...
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... HSM Law Profile Paper HSM Law Profile Paper As a Human Service worker, one has to always be aware and up-to-date with the laws, regulations, and the rights of the people you are serving and your rights as a worker as well. One of those laws is the Health Insurance Portability and Accountability Act is one that in the Human Service field, you should always have follow out with. The HIPAA Law was passed in 1996 by congress the protect the privacy and health information of patients in hospitals, clinics, and many other Human service organizations. Along with the HIPAA, the Privacy Rule is enforced, in which the disclosure of protected health information is enforced as well. The major responsibility for the Privacy act is to ensure that the individuals’ health information is properly protected while allowing the information to be passed on as needed to provide he or she the best care for their overall well being. In many Human Service organizations, you will be run into cases or patient that are in your care that you will have a little more empathy or maybe care a little more than you should and would want to help. Whether it be going on your own and finding resources, or maybe discussing it with a fellow coworker. This is when you should remember the Privacy Act. Not only it is illegal, but as a Human Service worker, you are violating the your ethical laws as a Human Service worker. As a worker, you have to remember that this is your job,...
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...HIPAA Privacy Rule as it Relates to Research Roshontae Henley Holy Names University HIPAA Privacy Rule as it Relates to Research Since the earliest days of nursing, respect for patient privacy and confidentiality has been the building blocks to a successful nurse-patient relationship. Currently, it has become a careful piece in the researcher-participant relationship. Privacy and confidentiality are the most important issues in research ethics. Due to our computer aged society, protection of research participant's privacy has fused a great challenge. Researchers, Institutional Review Boards (IRBs), and administrators have their hands full with all the privacy and confidentiality matters that are essential to research. As nurses, we are familiar with the health insurance portability act (HIPAA) as it relates to healthcare. Considerably, the focus of this paper is to expand our knowledge of how maintaining confidentiality and protecting privacy in the research setting has influenced the HIPAA privacy rule. Privacy is defined as freedom from damaging publicity, public scrutiny, secret surveillance, or unauthorized disclosure of one's personal data or information, as by a government, corporation, or individual (Dictionary.com, 2015, figure 3). Privacy means a person has control over the extent, timing, and circumstances of sharing themselves with others. It relates to a participant's disclosure of information to a researcher. On the other hand, confidentiality is the act...
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...HIPAA provides rights to patients over health information and limits who can see or receive health information. Patients or patient’s personal representation has rights to their own medical records; however do not have access to psychotherapy notes. HIPAA privacy rules limits on who can see your medical records. Any information pertaining conversations with medical staff, health insurance, billing information and health information is protected. For example, employers cannot see you medical records and can’t be shared; unless you give your employer, a written consent or authorization. If rights are being denied based on discrimination or a violation of HIPAA privacy or security rule occurs; a complaint can be filed. Therefore; HIPAA does affect medical records, but it also protects our health information. A complaint is filed; when a cover entity has violated health information either by privacy rights or violation of privacy rules or security rules. Any person can file the complaint. The complaint must be filed in writing either by paper or electronically. When emailing the complaint, a signature is not needed for consent forms or the complaint. An email represents the signature. The complaint must name the cover entity and description of the violation act of what you believed that was violated and what happened. The complaint must be filed within 180 days from the day the incident occurred. For an extension, you must show a good cause to the office of civil rights. A complaint...
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...Ethics and Privacy of Communications in the E-Polis Gordana Dodig-Crnkovic and Virginia Horniak Department of Computer Science and Electronics Mälardalen University Västerås, Sweden I N T R O D U C T I O N The electronic networking of physical space promises wide-ranging advances in science, medicine, delivery of services, environmental monitoring and remediation, industrial production, and the monitoring of persons and machines. It can also lead to new forms of social interaction [..]. However, without appropriate architecture and regulatory controls it can also subvert democratic values. Information technology is not in fact neutral in its values; we must be intentional about design for democracy. (Pottie, 2004) Information and communication technology, ICT, has led to the emergence of global web societies. The subject of this article is privacy and its protection in the process of urbanization and socialization of the global digital web society referred to as the e-polis. Privacy is a fundamental human right recognized in all major international agreements regarding human rights such as Article 12 of the Universal Declaration of Human Rights (United Nations, 1948), and it will be discussed in the chapter under the heading Different Views of Privacy. Today’s computer network technologies are sociologically founded on huntergatherer principles. As a result, common users may be possible subjects of surveillance and sophisticated Internet-based attacks. A user may be completely...
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...our society. Among the challenges that we face in this information age is the issue of our privacy. The definition of privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively. Implictly, this definition is gradually becoming obsolette. The usage of the term in this context is loosing it's meaning. On the other hand, we might also associate the term Privacy to anonymity, the wish to remain unnoticed or unidentified in the public realm. When something is private to a person, it usually means there is something within them that is considered inherently special or personally sensitive. The degree to which private information is exposed therefore depends on how the public will receive this information, which differs between places and over time. Since the inception of technology, this concept has been challenged. Most of the things that one will probably wish to make private is no longer protected. for example, lets consider patients in the hospital, before the database issue came up, most record of patients are stored on papers and files and it is practical impossible for a patient history to be disclose to other doctors or agency. But today, patient history is always on the fly as all information can easily be found and distributed from the hospital database. To a length, this is an invasion of privacy. secondly, the ability to control what information...
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...CONTEMPORARY BUSINESS ISSUES – PRIVACY IN THE WORKPLACE How Privacy Issues Affect Businesses How Privacy Issues Affect Businesses The existing economic and business setting implies on-going efforts towards better understanding and dealing with the challenges of the modern era, which are characterized by the crucial need for making changes due to intense competition and ongoing global crisis’. As a rule, privacy rights are established by explicit regulations, laws or rules. Some privacy rights are relevant in the workplace and some don't. And even if there is no particular law, a right to privacy can be based on the legal common law notion of having a "reasonable expectation of privacy”, (Lippke, 1998). For employers and employees in the business industry, privacy concerns have become progressively more widespread in the workplace, and with the increased use of electronic resources, privacy at work is even more compound. Consequently, it is imperative that both supervisors and managers have a fundamental understanding of some of the more common privacy rights and issues that can arise, as well as the restrictions that may apply. Some of the more prevalent privacy issues that employees face are drug testing, email monitoring, personnel records, social security numbers, monitoring and eavesdropping, back-ground screening, and medical records. Because of these issues, there are quite a few areas of human capital management in which privacy rights are recognized. Whether these...
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...issues that may arise in concern to a patient’s privacy. There were no specific laws years ago that protected a patients privacy and rights. The Health Insurance Portability and Accountability Act (HIPPA) which was signed in August of 1996 which became a law under President Bill Clinton (Physicians Billing Associates International, 2006). The Health Insurance Portability and Accountability Act includes provisions for: health insurance portability, tax- related provisions, fraud and abuse control, revenue and offset provisions, group health plan requirements, and administrative simplification requirements (Physicians Billing Associates International, 2006). The HIPPA act was put into place as a standard law used to protect a patient’s personal health and medical records nationwide. This act was created to help health care workers to keep better control of a patient’s personal information. HIPPA has a privacy rule that concerns an individual’s health plans; the rule helps to provide health care workers information that would be needed to transmit an individual’s vision, health, prescription, and any other type of medical information safely. This essay will discuss how Rite Aid pharmacy informs customers of how his or her personal information is disclosed and how he or she is protected against violations of their rights, ensuring customers that his or her information will continue to remain to stay protected and that the HIPPA privacy laws are continued to be followed. As well as...
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...can reasonably expect to have privacy in the workplace. The issue of privacy is a big concern in the workplace. With the expanding of new technology, many employees are concerned that their privacy rights are not being protected. Employers want to be sure their employees are doing a good job, but employees don't want their every sneeze or trip to the water cooler logged. That's the essential conflict of workplace monitoring. New technologies make it possible for employers to monitor many aspects of their employees' jobs, especially on telephones, computer terminals, through electronic and voice mail, and when employees are using the Internet. Such monitoring is virtually unregulated. Therefore, unless company policy specifically states otherwise (and even this is not assured), your employer may listen, watch and read most of your workplace communications. (Harlow, 1999) When an employee is hired at a new company, there are several security measures that are already in place in order to keep their personal information private and/or confidential. The first being in the Human Resources Department where all the information is gathered by the employee filling out various forms of that are confidential in nature. This information is kept in the employee’s private, confidential employee folder in the Human Resources Department, generally in a locked cabinet or other secured areas. This ensures that no one other than the Human Resources Department can get access...
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...as the use of electronic medical records has become more prevalent throughout the industry. In the 1960s computers began being used for generalizing human behavior. A physician established the idea of the Electronic Medical Record (Srinivasan, 2013). Unfortunately, the usage of electronic medical records did not become more mainstream until two decades later. (Srinivasan, 2013). As the use of EMRs became more prevalent healthcare information technology has played a “pivotal role in improving healthcare quality, cost, effectiveness, and efficiency,” (Srinivasan, 2013). However, the use of healthcare information technology has brought up concerns about privacy and protection of patient health information. In 1996, the Health Information Privacy and Accountability Act also known as HIPAA was passed. This was the first federal law regulating the privacy of health information. HIPAA was “designed primarily to modernize the flow of health information” (Solove, 2013). While at this time medical records were still in paper form, it was clear that health records would become digital in the future. (Solove, 2013). In the early years of HIPAA there was much confusion and no civil enforcement actions were taken. The Department of Health and Human Services (HHS) proposed a privacy regulation that was finalized in 2000. The Privacy Rule “governs personal health information, which is any ‘individually identifiable health information’ a broad definition including paper records.” (Solove...
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