Гарантії прав людини та громадянина при забезпеченні інформаційної безпеки

Human and Citizen Rights Guarantees While Providing Information Security

Serhii Yesimov, Rostyslav Sopilnyk, Myroslav Kovaliv and Ruslan Skrynkovskyy

Traektoriâ Nauki = Path of Science, 2018, vol. 4, issue 5, 1009-1016

Abstract: With the development of information and communication technologies, issues of providing information security are becoming more and more aggravated. These are crimes related to the use of electronic computers, systems and computer networks and telecommunication networks, the propaganda of separatism and extremism, etc. While providing information security in the digital environment, the role of technical and legal human rights guarantees, due to technical means of protection, is increasing. Relying on the developers of technical means of protection determines the difference between the aforesaid concepts and the traditional approach to ensuring the protection of human and citizen rights, in which responsibilities are put on information intermediaries, owners of confidential information. Technical guarantees of human rights are a necessary component of ensuring information security, but the effectiveness of the application is provided in conjunction with the legal guarantees of human rights, as evidenced by the tendency to recognize the principles of inviolability of privacy on the basis of design decisions in the law of the European Union as legal acts. Providing information security is a legitimate goal of establishing constraints of human rights, since it can be correlated with the norms of international law. The establishment of constraints of human rights is permissible in order to attain other objectives–ensuring state security, public order, health, rights and freedoms of the person in the information sphere. The legitimacy of this goal is determined by its compliance with the objectives envisaged by international agreements ratified in an established order. The article examines the impact of the use of technical means in the field of providing information security in the aspect of following the fundamental human and civil rights in Ukraine, taking into account the legislation of the European Union and the decision of the European Court of Justice. The comparative and legal analysis of various factors influencing the restriction of information rights of people in the digital environment is carried out. Legal guarantees from the point of view of the concept of privacy and security due to design decisions, taking into account the role and characteristics of technical primus are revealed.

Keywords: human and civil rights; informational security; application of technical means; legal guarantees. (search for similar items in EconPapers)
JEL-codes: K30 (search for similar items in EconPapers)
Date: 2018
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DOI: 10.22178/pos.34-6

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