Protection of elderly persons’ legal interests – reasons for and review of legal solutions

The concept of “personal information” in the crime of infringing on citizens’ personal information has always been controversial in the criminal law circle. With the promulgation of the personal information protection law, it is necessary to further analyze the definition of “personal information” in the crime of infringing on citizens’ personal information. The legal interest of the crime of infringing on citizens’ personal information is not the suprapersonal legal interest, but the personal information right in the personal legal interest. As the core content of personal information right, the essence of information self-determination right is to emphasize citizens’ personal control over information, which is in line with the legislative orientation of the new law. Around the right of information self-determination, personal information without identifiability should not belong to personal information, and the identification object of personal information should also be limited to “natural persons” to prevent the biased application of law in judicial practice.

개인정보자기결정권은 헌법전에 명문으로 규정되지 않았음에도 불구하고 헌법해석에 의해 기본권으로 인정되는 기본권이다. 그리고 개인정보자기결정권이라는 기본권은 정보화시대에 정보주체의 사생활 보호 등 여러 보호영역과의 관련성을 갖는 중요한 기본권이다. 그런데 메르스 사태 이후 현재의 코로나19 상황에 이르기까지 감염병 예방과 전파방지의 과정 속에서 개인정보의 제한과 침해에 대한 숙고와 검토가 필요하다는 것이 자명해졌다. 왜냐하면 실제로 코로나 19에 대한 효과적 대응을 위한 정보공개 시스템 실행의 이면에는 확진환자 개인의 사생활이 여과 없이 공개되는 부작용 발생이 적지 않았기 때문이다. 이미 국가인권위원회도 확진자의 과도한 사생활 노출로 인한 인권침해가 발생하지 않도록 해야 한다고 권고한 바 있다. 이러한 상황에 대한 문제의식을 바탕으로 이 글에서는 개인의 민감정보 등 개인정보 공개와 관련한 개인정보 보호법과 감염병 예방법의 관련 규정들을 상관적으로 검토하였다. 특히 개인정보자기결정권과 관련하여 감염병 예방법상의 정보공개와 관련된 규정인 제34조의2 규정을 중심으로, 확진자의 내밀한 사생활을 보호할 수 있는 세부적이고 합리적인 공개기준의 정립 여부와 특히 위치정보 등의 공개로 인한 권리침해의 문제에 대해 살펴 보았다. 일반적인 개인정보와 구분되는 개인위치정보의 특성을 고려할 때 개인위치정보가 개인정보 보호법상의 민감정보에 해당될 수 있는가, 개인위치정보의 분류에 관하여 온라인행태정보유형으로 생존하는 개인에 관한 정보로써 개인정보 가명가공정보익명가공정보 중 어디에도 해당하지 않는 정보유형으로 새로이 “개인관련정보”를 입안하는 방안의 검토, 감염병 예방법상 개인위치정보를 비롯한 개인정보를 제공하고 공개함으로써 발생될 수 있는 권리침해에 관한 대책과 절차에 대해 검토하였다. 개인정보에 관련된 법제는 그 정보의 보호와 이용이 동시에 고려되어야 할 필요가 있다. 즉 개인정보 관련법제는 ‘개인정보의 유용성 배려’와 ‘개인의 권리이익 보호’의 균형을 맞추는 병존적 구조를 반영한 것이어야 할 것이다. 다만 양법익 간의 관계에 있어서는 ‘개인의 권리이익 보호’가 우선적으로 고려되는 것이어야만 함은 물론이다. 안전사회 추구로 인한 부작용을 간과해서는 안되는 것도, 개인정보의 유통으로 인한 비재산적 손해에 대한 배상책임을 고민해야 하는 것 도 이러한 헌법정신에 기인한다고 하겠다. 감염병 예방법의 새로운 수정이 시작되어야 한다.The right to self-determination of personal information is a basic right recognized as a basic right by constitutional interpretation, even though it was not prescribed in the Constitution. And this right is an important basic right that has relevance to various areas of protection, such as protection of the privacy of the information subject in the information age. However, from the MERS outbreak to the current COVID-19, it has become apparent that it is necessary to consider and review the restrictions and infringements of personal information in the process of preventing infectious diseases and preventing transmission. This is because, in fact, behind the implementation of the information disclosure system for effective response to COVID-19, there were not a few occurrences of side effects in which the personal life of confirmed patients was disclosed without filtering. The National Human Rights Commission of Korea has already recommended that human rights violations should not occur due to excessive exposure of the confirmed person s private life. Based on the awareness of the problem in this situation, in this article, the related regulations of the Personal Information Protection Act and the Infectious Disease Control and Prevention Act related to the disclosure of personal information, such as personal sensitive information, were reviewed correlatively. In particular, with respect to the right to self-determination of personal information, detailed and reasonable disclosure standards have been established to protect the confidential personal life of the confirmed person, with a focus on Article 34-2, which is a regulation related to the disclosure of information in the Infectious Disease Prevention Act, and, in particular, disclosure of location information, etc., I reviewed the problem of infringement of rights caused by. Considering the characteristics of personal location information that are distinguished from general personal information, can personal location information correspond to sensitive information of the Personal Information Protection Act?, review of a plan to devise a new “personal-related information” as an information type, review measures and procedures for rights infringement that may occur by providing and disclosing personal information including personal location information in the Infectious Disease Control and Prevention Act. Legal systems related to personal information need to consider the protection and use of the information at the same time. In other words, the legislation related to personal information should reflect the coexistence structure that balances “consideration of the usefulness of personal information” and “protection of individual rights and interests”. However, in the relationship between the two legal interests, ‘protection of individual rights and interests’ should be given priority. It can be said that this constitutional spirit should not overlook the side effects caused by the pursuit of a safe society and the need to consider liability for compensation for non-property damages caused by the distribution of personal information. A new modification of the Infectious Disease Control and Prevention Act must be initiated.

Disabled adolescents, compared to healthy adolescents and adults, are a vulnerable group and are also part of the youth team; they are the future builders and enjoyers of the nation's development and prosperity. Since the enactment and implementation of the "Law of the People's Republic of China on the Protection of Persons with Disabilities," it has played an important role in promoting the development of the cause of disabled persons and protecting their legal rights and interests. However, with the development of society and economy, new issues and situations have arisen in the protection of the rights and interests of persons with disabilities, among which the property offenses committed by disabled adolescents are quite prominent and have their own unique characteristics of crime composition. By studying the crime composition of property offenses committed by disabled adolescents, exploring the problems and challenges faced in the process of protecting the rights and interests of disabled adolescents, and reducing the re-occurrence of such crimes, we can thus contribute to maintaining a harmonious and legal Chinese Dream.

The Article studies the scope and the essence of consumer rights based on the study of international experience and national legislation of the Republic of Armenia. The article presents the principal vulnerabilities of the consumer protection system in the Republic of Armenia. The need for the state to pay more attention to the issues of envisaging effective structures to protect consumers’ rights and legal interests was substantiated. As a result of the study, it was substantiated that the essence of the fundamental rights of consumers is often reflected incorrectly in the acts aimed at regulating consumer relations; not all the necessary legal conditions are provided for the realization of the fundamental rights of consumers. As a result of the study, the need to envisage legal solutions in line with the developments in the socio-economic life of the country was substantiated, which will best guarantee the protection of consumer rights.

The merger among the companies has become a common phenomenon in the contemporary economic life. This phenomenon has different reasons, particularly among the large companies. This merger is one of the methods for forming large economic projects and a means of the formation of holding companies. It has become a point of economic, jurisprudential and legal interest. Merger of the companies is a way towards changing the shape of the companies, increasing their capital and overcoming the difficulties that they may encounter. Merger of the companies is one of the forms of financial engineering and modern financial industry. The study aimed to investigate the provisions of the merger of companies in the Islamic jurisprudence and Yemeni law and find out jurisprudential and legal solutions for the problems that may arise during the merger of the business companies. It also aimed at identifying the impact of the merger of the business companies on the Islamic financial industry development. The study used the analytical comparative method to achieve the intended results and propose certain recommendations to the specialists and Islamic financial industry professionals. It employed practical applications in the jurisprudential authentication for merging companies. The results of the study revealed that the merger of companies has an impact on the development of the Islamic financial industry through developing and focusing on the economic activity of the merged companies. The merger provides technical and specialized expertise that contributes to the development and engineering of the Islamic finance industry. Additionally, it provides economic efficiency and Islamic credibility for the Islamic financial innovations along with a conducive environment for the financial innovation in the Islamic financial industry in light of the purposes of the Islamic law. The results indicate the need to encourage national companies to compete and increase their quality levels so that they can participate and interact with other companies in light of globalization. This interaction should be consistent with the principles of Islamic religion and never harm the interests of its citizens.

Despite the quality of legal norms in existing Law on Administrative Procedure, for the realization of citizens' rights in the Republic of Serbia in accordance to international legal standards, a significant problem are specific administrative procedures. In this type of procedures in recent years have been made many variations from the basic rules of general administrative procedure, which can not be classified as requirements of the specific nature of proceeding in certain administrative matters. Therefore it is particularly important that it in new Law on Administrative Procedure (which will begin to fully implement from 1 June 2017) is provided no more only an obligation of compliance of rules in specific administrative procedures with the basic principles of administrative procedure, but now also a prohibition of reducing the level of protection of rights and legal interests of the parties guaranteed by the law on administrative procedure, as well as a legal obligation to harmonize all special procedures with the new law, no later than 1 June 2018. Based on mentioned solutions in the new Law on Administrative Procedures, to citizens of the Republic of Serbia should be allowed to fully realize their rights and legal interests in administrative proceedings, in accordance to the most important international legal standards. However, the drawback of the existing legal solution is a lack of effective mechanism that should ensure that numerous deviations in the special administrative procedures actually remove in prescribed period, and that all special laws harmonize with the new Law on Administrative Procedure.

This article is devoted to the consideration of the components of the legal provision ofhuman rights in the development of social networks. The issue of the legal status of persons –participants of Internet communication is considered. Such rights include: the right to association;the right to freedom of thought and speech; information rights related to the dissemination,transmission, receipt and use of information. Also, this article covers the issue of illegalmanifestations that entail violations of legal rights and interests. For an individual user, this isillegal access to personal data, disclosure of confidential information; defamation; copyrightinfringement; fraud, misuse of bank data, etc. Covers the security of personal data of users ofsocial networks. The main legal act in force today in the field of personal data protection onthe Internet is the Council of Europe Convention for the Protection of Individuals with regardto Automatic Processing of Personal Data. It is determined that social networks strengthen theright to participate in the management of state affairs, including through free elections, providingadditional opportunities for public debate, improving their quality, stimulating democraticprocesses, activity, initiative, awareness and involvement of citizens in issues related to relatedto public administration. It is stated that due to the potential threats arising in connectionwith the functioning of social networks and other institutions of Internet communication, apromising direction is the creation of legal regimes of human rights in terms of regulatingInternet relations to disseminate information while ensuring the balance of interests of allparticipants. and their harmonization with the basics of public order. At the same time, certainproblems, such as reputation protection, protection of intellectual property, should be solvedin line with the already established sectoral regulation, developing it taking into account thespecifics of Internet communication.

In the era of digital economy, the Personal Information Protection Law enforcement not only rigorously defines the semantics of personal information terms and contextual background, but also reasonably regulates and envisages the relevant ownership. It's embodying the Law’s protection of natural persons' trust in digital technology, and of achieving technological development and individual security. The personal information right has the dual attributes of personality and property rights, and personal information has multiple legal interests in its own right. When exercising its specific rights, it also involves the handling of multiple value balances. With regard to the protection of personal information and the comprehensive management of related crimes, the following aspects should be highlighted. Firstly, the relevant object criteria for legal protection should be clarified according to the scope of application of personal information laws in the Personal Information Protection Law. Secondly, the Personal Information Protection Law is implemented earnestly to legally guarantee the prerequisite law to be well connected. Thirdly, it is important to improve the standard for identifying personal information, distinguish fake or compound information and count the number of information objectively. Fourthly, the law-enforcing departments should strengthen the review of the reasonable scope of personal information collected by websites, improve the monitoring of websites that use personal information in violation of the law, as well as carry out reasonable supervision in the process of collecting and transmitting personal information. Finally, at the social responsibility level, the subjects associated with the use of personal information should understand and fulfill their legal obligations in the Personal Information Protection Law, promoting the integration of social prevention and control.

Whether legal persons are to be granted protection of personality, it seems no longer doubtful in practice, but still problematic in the literature. To this question, German law has recognized a general right of personality of legal persons in accordance with Art. 2 Abs.1 and Art. 19 Abs.3 of constitutional law. On the contrary, the latest Chinese Civil Code has rejected it. In view of the similar social need for the protection of personality of legal persons and the different systematic construction, the study directs a German-Chinese legal comparison of the protection of personality of legal persons in civil law. As a result, it is worked out what the general right of personality of legal persons means in German law and why it is rejected in Chinese law, also what new own protection mechanism in relation to special legal interests legal persons need.

Despite its safety and convenience, modern technology has turned out to be an alienating force independent of humankind. The relationship between modern technology and human development furnishes the macro-background for the discussion of personal information protection issues. Chinese law should respond actively to avoid being reduced to a “morass of rules” in the global context. China’s legislation on personal information protection emphasizes public law at the expense of private law; it lacks the rule based support of basic civil law. Within the legal system, civil law is an important means and basic norm for protecting the agency of human beings, as it can provide systemic support for the protection of personal information. Formulation of the corresponding legislation should establish the independent control of personal information by the subject of the information, and should reinforce the position of the weaker side in the interest relationship. With regard to selecting of a model of civil law protection of personal information, the models of indirect protection and legal interest protection both have flaws; the rights protection model is better suited to China’s legislative and judicial realities. The right to personal information can be embedded in the existing normative system of personality rights to ensure the internal compatibility of the legal system. The rights protection model should be adopted in the personality right section of the Civil Code.

Among the digital rights, besides the right for internet access that was the subject of consideration in the first part of the article, there are also a right to per-so nal data protection and a right to be forgotten (right to erasure).The right to personal data protection is usually enshrined at the supranational and national levels and is protected by the courts as an aspect of the right to privacy. As an independent fundamental right of a constitutional nature the right to personal data protection is enshrined in EU law. Nevertheless, all attempts to doctrinally justify the existence of certain aspects of this right, beyond the claims to the right to privacy, can not be considered successful. The Court of Justice of the EU, while dealing with the relevant cases in order to determine whether certain methods of processing personal data are legitimate, also refers to the right to privacy, considering these rights to be closely interrelated. The right to personal data protection provides additional (including procedural) guarantees of respect for privacy, human dignity and some other rights, but the purpose of these guarantees is precisely the content of the providing rights. The right to be forgotten (right to erasure) is one of the positive obligations with regard to the personal data protection. This right implies correction, deletion or termination of the processing of personal data at the request of their subject in the presence of a reason for this (when the relevant actions are carried out in violation of the principles of data processing or provisions of the legislation). Analogs of this right are the Latin American orders of habeas data, as well as the right of a person to demand the refutation of information discrediting his honor, dignity and business reputation, in case of their inconsistency with reality under civil law and the legislation on mass media. In digital age the importance of this right is increased by the fact that information posted on the Internet remains easily accessible for an indefinite, almost unlimited, time.This caused the extension of the right to be forgotten to information that is consistent to reality, but has lost its relevance and significance, however, continues to have an adverse impact on the reputation of the person concerned. At the same time, the realization of the right to be forgotten in respect of information posted online is connected with a number of technical problems that require legal solutions.In general, digitalization does not create new human rights of a fundamentally different legal nature. It only actualizes or smooths certain aspects of long-recognized rights, transfers their operation into the virtual space, creates new opportunities for their realization and generates new threats to them. Ensuring human rights in modern conditions involves the search for adequate legal solutions, taking into account the opportunities and limitations generated by digital technologies.

In spite of ratified international documents, the protection of persons with mental health problems, intellectual or physical disabilities in the legal system of the Republic of Serbia is still enforced by legal institutes such as deprivation of the legal capacity and a placing of these persons under guardianship. These legal solutions especially does not resolve a question of exercising personal rights that can be done by their holders exclusively in case they are capable of it. Since the guardian is not entitled to enforce them, it emerges that these rights do not exist for persons deprived of legal capacity. This paper endeavors to address an issue on abilities of these persons to make legally binding decisions concerning these rights. Possible solutions to the matter can be found in establishing natural capacity of these persons and through their participation in decision making to the extent that their mental and psychical condition allows. In case that these persons do not have even a minimum of capacity for decision making, the guardian must take a legally binding decision on behalf of a person deprived of legal capacity either on his own or upon the consent of a guardianship authority. Thereby certain criteria have to be taken into account so that the decision is in the best interest of the person represented.

The epidemic of human immunodeficiency virus (HIV) requires mental health clinicians to make many decisions that present legal dilemmas, yet few clear rules of law exist that address HIV antibody testing, confidentiality of information about patients' HIV status, clinicians' duty to protect third parties, and discrimination against HIV-infected individuals in psychiatric settings. The author recommends a balance between the legal interests of infected and uninfected persons in addressing these issues. HIV antibody testing or disclosure of information about an individual's HIV status without informed consent should be strictly limited and done only when clinically necessary. Nondiscriminatory treatment for HIV-infected patients and protection of uninfected persons is best approached by use of universal infection control procedures and individualized clinical judgment.

The article is devoted to the problems of criminal legal protection of a person in Ukraine. The number of articles of the Criminal Code of Ukraine (for example, Articles 115, 116, 117, etc.) do not take into account the specific features of those socially dangerous acts, for which they provide for liability, which does not allow to provide them with adequate criminal law assessment. The author analyzed the components of individual crimes that affect the life, health, sexual freedom and sexual integrity of a person. Based on the study, conclusions were made on the need for changes and additions to the current criminal legislation of Ukraine. It is proposed to understand murder as the most intentional unlawful infliction of death of another person and to abandon the term «murder through negligence», replacing it with «infliction of death through negligence» in Art. 119 of the Criminal Code of Ukraine. In this regard, it is proposed to replace the term «premeditated murder» with «murder» in Articles 115, 116, 117, 118 of the Criminal Code of Ukraine. It is also proposed to provide in Part 2 of Art. 115 of the Criminal Code of Ukraine as qualifying features of a crime murder of a minor, elderly person and representatives of other vulnerable categories of the population. The article points out the inexpediency of using the term «systematic» for actions for which liability is provided in Articles 116 and 120 of the Criminal Code of Ukraine, as it deprives them of the possibility of their application in the case of a single act, proposes a new version of Articles 116, 117 and 120 of the Criminal Code. while the latter contains a definition of «suicidal tendencies». The author proposes to exclude Art. 126-1 of the Criminal Code of Ukraine, as it is incorrectly drafted, contains ambiguous terms and duplicates existing criminal law. A new version of the disposition of Part 1 of Art. 152 of the Criminal Code of Ukraine is proposed and indicated the need to take into account the voluntary consent of a person under 14 years of age in the classification of crimes against sexual freedom and sexual integrity of a person. Key words: crime, responsibility, qualification, term.

With the rapid development of technology, humanity has entered the era of big data. Big data technology can accurately identify users’ daily needs and push content that interests them. However, while enjoying this convenience, the issue of information leakage has also emerged. Some criminals steal personal information and use it as a tool for illegal profit. As a result, citizens’ personal information is virtually exposed to the public, leading to an influx of spam messages and harassing phone calls. This not only disrupts people’s lives but also poses a serious threat to their personal and financial security. Therefore, it is urgently necessary to use criminal law to regulate crimes that infringe upon citizens’ personal information. To address the shortcomings in China’s criminal law regarding personal information protection, this study proposes several suggestions, such as replacing “citizens’ personal information” with “personal information”, establishing the public nature of legal interests, and adding new forms of criminal behavior. The goal of this paper is to enable criminal law to play its role fully in protecting personal information.