Individual Rights Research Articles

SECULARISM AND RELIGIOUS FREEDOM: EXPLORING THE DYNAMICS OF COEXISTENCE

This research paper explores the intricate interplay between secularism and religious freedom, analysing their impact on societal coexistence. Beginning with a historical overview, the paper traces the evolution of secularism and the development of concepts related to religious freedom, providing a foundational understanding for the subsequent discussions. Various theoretical frameworks, including laïcité, multiculturalism, and secular humanism, are examined to gain insights into how different approaches to secular governance influence religious rights and freedoms. Case studies from countries such as France, the United States, and India are analysed to illustrate practical implications and challenges in achieving coexistence between secularism and religious freedom. The paper highlights the importance of understanding these dynamics for fostering mutual respect, tolerance, and inclusivity within pluralistic societies. The conclusion emphasizes the significance of this study in addressing societal dynamics, governance structures, and individual rights. It underscores the need for nuanced policy interventions and societal dialogues to navigate the complexities of secularism and religious freedom in contemporary contexts.

Islamic Law View on Protecting the Rights of Housewives at Risk of Contracting HIV/AIDS

This article examines the perspective of Islamic law regarding the protection of the rights of housewives at risk of contracting HIV/AIDS from their husbands. Although HIV/AIDS is not a new issue, its impact on families, especially housewives, remains an essential concern in legal and public health contexts. Within the framework of Islamic law, individual rights, including women's rights, are guaranteed and need protection. This research uses normative legal and sociological research methods with a case approach. The results show that Islamic law has a vital role in protecting the rights of housewives who are at risk of contracting HIV/AIDS from their husbands. These rights include the right to know the husband's health status, the right to obtain protection, the right to refuse sexual relations, and the right to get a divorce. Islamic law places great responsibility on husbands to protect the health of their wives and families. Husbands are expected to maintain the welfare of their wives and families, including by taking preventive steps against the transmission of HIV/AIDS. Apart from that, Islamic law also emphasises the importance of fidelity in the husband-wife relationship. Husbands are expected to be faithful to their wives, which is also a preventive measure against the transmission of HIV/AIDS. If a husband fails to fulfil his responsibility to protect his wife from contracting HIV/AIDS, Islamic law gives the wife the right to seek protection, including through legal remedies such as requesting a fatwa from ulama or even filing a divorce petition. This research is expected to help increase public understanding of the rights of housewives at risk of contracting HIV/AIDS, as well as encourage efforts to protect their rights.

Property expectations in the Anglo-Saxon legal system

This article examines the concept of proprietary expectations in the context of the Anglo-Saxon legal system. It analyzes the nature and significance of property expectations for individuals and companies operating in this legal system. Research focuses on how property expectations affect legal relationships, including contractual obligations, property, and other aspects of civil law. Understanding this concept is important for the effective functioning of the legal system and ensuring justice in society. The Anglo-Saxon legal system, emerging in England before the Norman Conquest of 1066, provides a fascinating study of early medieval property law. This legal framework was characterized by its integration of customary practices, local judicial decisions, and evolving notions of land tenure and ownership. The period saw the development of property expectations rooted in both communal obligations and individual rights, laying foundational principles that would influence English common law.The Anglo-Saxon period (circa 410-1066 AD) was marked by a transition from Roman to Germanic influences, profoundly affecting legal conceptions of property. Land was the primary source of wealth and power, and its control was crucial for maintaining social and political structures. Early Anglo-Saxon laws, as recorded in various legal codes such as those of King Æthelberht, King Ine, and King Alfred, reflect a blend of tribal customs and practical needs of agrarian communities. Property was primarily communal, with the king or local lords acting as custodians of land. The concept of “bookland” (land granted by charter) versus “olkland” (land held by customary right) illustrates the dual nature of property rights, blending formal grants with traditional usage. Inheritance laws were pivotal in ensuring the continuity of landholding families. Male primogeniture was not strictly followed; instead, property could be divided among sons, and even daughters could inherit under certain conditions. Wills and charters often provided detailed instructions for the division of land, reflecting both family intentions and societal norms. Disputes over property were common and were resolved through a mix of local assemblies (moots), royal courts, and ecclesiastical adjudication. Witness testimony and oath-taking were critical in establishing claims, underscoring the importance of community reputation and support. The Church played a significant role in property matters, both as a major landowner and as an influencer of legal principles. Monasteries and bishoprics received extensive land grants, often protected by royal charters. The Church’s involvement added a spiritual dimension to property rights, intertwining religious duty with legal obligations. Over the Anglo-Saxon period, there was a gradual shift from collective to more individualistic notions of property. This transition was facilitated by the increasing use of written charters, which provided clearer, legally enforceable records of land transactions. The development of more formalized legal procedures also contributed to this evolution, offering more consistent mechanisms for resolving disputes and enforcing property rights. The property expectations and legal practices of the Anglo-Saxon era laid the groundwork for the feudal system introduced by the Normans. Many principles, such as the importance of written documentation, judicial dispute resolution, and the interplay between royal authority and local customs, persisted and evolved into the common law traditions of England. The Anglo-Saxon legal system’s treatment of property provides invaluable insights into the early development of English law. By balancing communal norms with emerging individual rights, it established enduring principles that would shape the trajectory of property law in medieval England and beyond. Understanding these early legal frameworks helps to appreciate the complexities and continuities in the history of English property law.

Emile Durkheim’s social research in the context of human rights activism

This article provides an analysis of the fundamental categories of Emile Durkheim’s theory within the framework of his methodology for social research and the phenomenon of human rights activism. It examines categories such as “social fact”, “solidarity”, “collective consciousness”, and “anomie” in the context of human rights activities. A distinctive feature of the article is its interdisciplinary approach, integrating sociological research results into the field of jurisprudence. The article explores a range of works by the French sociologist and philosopher Emile Durkheim, as well as relevant works by other philosophers, along with the contribution of contemporary Russian legal scholars within the aforementioned context. Given the growing demand for works on human rights issues in both Russian and global legal science, the authors conclude that a comprehensive understanding of the nature of individual rights and legal violations facilitates their more effective, profound, and systematic protection, not only in a reactionary sense, but also by enabling a preventive function in human rights activism. In this regard, the acquired sociological and legal knowledge seems pertinent, sought after, and can be utilized in subsequent doctrinal developments.

Personalised Advertising in Social Networks: Ethical Challenges and Threats

The article provides a comprehensive analysis of the phenomenon of personalised advertising on social media, emphasising identifying and considering the ethical challenges and potential threats arising in this context. Personalisation of social media advertising raises significant ethical concerns related to privacy, data security, consumer manipulation, moral dilemmas, bias and discrimination. The study shows that while personalised advertising can increase the effectiveness of advertising campaigns and consumer satisfaction, it also compromises consumers’ anonymity and may lead to misuse of personal data. The purpose of the article is to analyse the ethical challenges and potential threats associated with personalised advertising on social media. The author examines the impact of personalised advertising on the anonymity of Internet users, their freedom of choice and other rights. The research methods are based on a comprehensive approach that includes a theoretical review of the available literature, and case studies, as well as logical analysis and synthesis of the data obtained. A comparative analysis was used to compare different approaches to the regulation of personalised advertising. This allows us to better understand the mechanisms of personalised advertising and assess its impact on individual rights and freedoms. The scientific novelty lies in the extended analysis of the relationship between personalised advertising and ethical principles in the context of digital technologies. Considerable attention is paid to the study of the impact of personalisation on the privacy and anonymity of users, as well as the potential risks and threats that may arise from the uncontrolled collection and use of personal data. There is a lack of research in this area, which necessitates the development of new theoretical approaches and practical recommendations that meet the current challenges of the digital age. Conclusions. The article emphasises the need to strike a balance between the commercial efficiency of advertising campaigns and the protection of users’ rights. Recommendations are offered to strengthen security measures, ensure transparency in the collection and use of data, and develop ethical norms and standards in this area. The author highlights the critical need to develop effective mechanisms for regulating and controlling personalised advertising. The article proposes the introduction of clear ethical standards and legal restrictions governing the collection, processing and use of personal data, and emphasises the importance of raising awareness of users about their rights and protection mechanisms. The author emphasises the importance of establishing ethical, transparent and responsible practices in the field of digital advertising in order to ensure respect for the privacy and rights of users.

Legal pluralism and the production of (un)certainty in lived migration orders

This article builds on three of Keebet von Benda-Beckmann’s core concepts, namely, legal pluralism, social security and relational social theory, to reflect on the place of law in lived migration orders, both in the global north and in the global south. To do this, we build on three empirical case studies from our respective fieldsites in Germany, Belgium and the DRC. These cases illustrate how ‘thinking with Keebet’s work’ not only offers useful ‘sensitizing concepts’ for the empirical study of migration law and migration studies more broadly, but also provides a much-needed conceptual vocabulary to speak to and intervene in current debates in more doctrinal legal scholarship on global migration law. With this double aim in mind, we first build on a legal pluralism perspective to show how migration governance can be better understood through the prism of ‘lived migration orders’. We then suggest rethinking state sovereignty, citizenship, and individual human rights in light of historical and newly emerging relational configurations. Finally, we suggest a new avenue for reconceptualizing migration governance beyond rights-based categorizations of migrants by paying more nuanced analytical attention to situations of uncertainty and how they contribute to social (in-)security.

Islam and Human Rights in the Perspective of the Qur'an: A Thematic Interpretive Study

Human rights are rights that must be obtained by every human being, regardless of social status. The Qur'an contains the concepts of human rights. This article describes the rights of individuals in accordance with the concept of human rights in Islam, referring to the verses of the Qur'an and the concept of maqasid shari'ah which are five: hifz al-din, hifz al-mal, hifz al-nafs, hifz al-aql, and hifz al-nasl. The approach used in this research is tafsir maudhu'i, by collecting and interpreting related verses, as well as including asbab an-nuzul verses and their Munasabah. The results show that Islam recognizes human rights as inherent in every human being, not as a gift from society, but as part of human nature. The concept of human rights in Islam is based on the theocentric principle, where all rights are bound to the will of God. Although there is debate about the implementation of human rights in the context of Islamic law, Islam emphasizes the importance of respecting and valuing fellow human beings by safeguarding five human rights: freedom, life, equality, protection of property, and justice. In conclusion, Islam teaches the protection and respect for human rights to maintain human welfare, although there are differences with the modern concept of human rights. This research highlights the importance of maintaining human rights principles in the context of a just and dignified social life.

Membangun Ketahanan Nasional Melalui Penerapan Rule Of Law dan Konstitusi Nasional

The implementation of the rule of law and the national constitution play an important role in building strong and sustainable national resilience. This research aims to provide an in-depth understanding to the younger generation about the crucial role of the rule of law and the national constitution in building a solid state foundation. The method used was a qualitative approach and in-depth interviews with 18 student respondents to understand their views on the rule of law and the national constitution. The interview results show that the younger generation realizes the importance of knowledge about the rule of law and the national constitution in preventing corruptive behavior, fighting for justice, and protecting individual rights. The implementation of the rule of law and the national constitution is key in building strong national resilience, so a solid understanding of these legal principles is crucial for the younger generation as future leaders. With a strong legal awareness, the younger generation is expected to become agents of change that strengthen national resilience through active participation and advocacy for the principles of democracy and human rights.

Mental Privacy, Cognitive Liberty, and Hog-tying.

As the science and technology of the brain and mind develop, so do the ways in which brains and minds may be surveilled and manipulated. Some cognitive libertarians worry that these developments undermine cognitive liberty or "freedom of thought." I argue that protecting an individual's cognitive liberty undermines others' ability to use their own cognitive liberty. Given that the threatening devices and processes are not relevantly different from ordinary and frequent intrusions upon one's brain and mind, strong protections of cognitive liberty may proscribe neurotechnological intrusions but also ordinary intrusions. Thus, the cognitive libertarian position "hog-ties" others' use of their own liberties. This problem for the cognitive libertarian is the same problem that ordinary libertarianism faces in protecting individual rights to property and person. But the libertarian strategies for resolving the problem don't work for the cognitive libertarian. I conclude that the right to mental privacy is weaker than what cognitive libertarians want it to be.

“I’m not guarding the dungeon”: faculty members’ perspectives on contract cheating in the UAE

Students are increasingly relying on contract cheating (CC), a phenomenon in which a third party completes the assignment, quiz, or homework for students in exchange for a fee. Using an exploratory qualitative method and underpinned by critical theory and social responsibility theory, this study explored the perceptions of faculty members regarding CC in the United Arab Emirates’ (UAE’s) higher education institutions. In particular, this study addressed how faculty members perceive and deal with CC in contexts where policies towards the practice are absent from higher institution honour codes. Using thematic analysis, the results showed that CC arouses the indignation of faculty and staff to the violation of individual and religious rights. Also, they believe they have a sense of responsibility towards students and the community. The results also showed that faculty members’ hesitation in reporting CC incidents was due to their perceived lack of support from higher administration institutions and the lack of clear procedures in ethical manuals. This paper concludes with practical recommendations for faculty and staff, managers, department heads and decision makers to mitigate this phenomenon proactively.

Philosophical Interpretation of Article 24 of the Medicines Act: Drug Safety, Efficacy, and Quality Control

Article 24 of the Medicines Act serves as a cornerstone in the regulatory framework governing pharmaceuticals in the United Kingdom. This article emphasizes the rigorous evaluation of drug safety, efficacy, and quality through a structured, multi-phase process involving pre-clinical studies, clinical trials, and post-marketing surveillance. This paper explores the philosophical underpinnings of Article 24, delving into its ethical, epistemological, and regulatory dimensions. The ethical analysis focuses on balancing public health and individual rights, the principle of informed consent, and equitable access to high-quality medicines. The epistemological discussion highlights the commitment to evidence-based medicine, scientific rationalism, and the critical role of regulatory bodies like the Medicines and Healthcare products Regulatory Agency (MHRA). The regulatory perspective examines the comprehensive and precautionary approach to drug approval and quality control, emphasizing global harmonization and collaboration. By integrating these perspectives, the paper underscores the significance of Article 24 in ensuring that only safe, effective, and high-quality medicinal products are available in the UK, thereby setting a model for global regulatory practices.

A peste de camus e a pandemia da COVID-19: reflexões sobre direitos fundamentais a partir da literatura

This article analyzed the literary work The Plague, by Albert Camus, focusing on reflections on fundamental rights, based on literature. The central objective of the article was to answer the following question: how can reading a literary classic, Camus’ Plague, bring about legal reflections on issues surrounding the COVID-19 pandemic and fundamental rights? The methodology used was a bibliographic review, with an emphasis on work after 2020, due to the COVID-19 pandemic. The specific objectives were: to analyze legal aspects of the literary work and make correlations with the COVID-19 pandemic. It was concluded that the book The Plague can contribute to reflections on the various human attitudes and feelings during the pandemic (fear, anguish, solidarity, selfishness, altruism, revolt, despair, etc.), as well as raising considerations about legal aspects, in special focus on fundamental rights, focusing on: the right to health, privacy, the preponderance or not of individual rights over collective or diffuse rights, which reinforced the important role of literature as a way of enriching the study of Law.

Surfveillance: SurfCams, Social Issues and Regulatory Intervention

We make a unique contribution to the field of sport and social issues with a place-based case study of one SurfCam fixed to a private residence overlooking the world famous and iconic Bells Beach Surfing Recreation Reserve on the Surf Coast of Victoria, Australia. This case study offers a paradigm example of corporate extractivism that occurs through the surveillance of public space by a private company, which contributes to a range of social and environmental issues and has impacts on the culture of surfing. We argue that SurfCams reconfigure our understanding of surveillance and the governance of open spaces where recreational or competitive nature sports take place. We consider impacts of SurfCams for individual rights, as well as the environment, and surfing culture. We examine deficiencies in existing regulatory governance and highlight tensions between local community interests, corporate extractivism, and the neoliberalization of contemporary sport facilitated by surveillance technology. Our analysis shows these developments occur in a context where several intersecting governance modes are, at present, incapable of regulating the SurfCam.

THE EFFECTS OF CRIMINAL LAW ON LEGAL SUBJECTS OF WASTE MANAGEMENT THAT DAMAGES THE ENVIRONMENT

Article 28H of the 1945 Constitution of the Republic of Indonesia establishes constitutional and human rights for all citizens, outlining principles for managing the environment. These principles include state responsibility, justice, and sustainability. Despite the constitutional emphasis on the right to a good and healthy environment, environmental crimes are prevalent in Indonesia, particularly where companies dispose of waste directly into rivers, leading to pollution. While Article 28H, paragraph (1) underscores the right of individuals to live prosperously in a physically and mentally healthy environment, the reality contradicts these rights. Business activities in certain regions, especially along rivers, do not align with these principles. The prevalent criminal acts often involve improper waste disposal into rivers, causing environmental degradation. It is essential to consider Law No. 32 of 2009 on Environmental Protection and Management to tackle these challenges. According to Article 1, 14 of this legislation, environmental pollution is defined as human activities leading to the introduction or involvement of living beings, substances, energy, or other environmental elements, exceeding the quality standards set for environmental conditions. This study employs a normative juridical research method that incorporates three distinct approaches. The first approach is the statutory approach, involving a thorough examination of legal regulations relevant to the central focus of the research. The second approach, the conceptual approach, involves comprehending the legal concepts that underlie the research, including the values ​​inherent in the norms. Lastly, the case approach analyzes legal norms or principles applicable to Environmental Criminal Offenses, encompassing regulations, accountability, and possible legal consequences. Environmental pollution can be explained based on Article 1, number 14 of Law No. 32 of 2009 concerning Environmental Protection and Management.

EMPOWERING INDIVIDUALS: A DEEP DIVE INTO THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023

The Digital Personal Data Protection Act (DPDPA) represents a significant milestone in Indias legislative journey towards safeguarding personal data. Previous attempts, notably the Draft Personal Data Protection Bill of 2019 and the Draft Data Protection Bill of 2022, laid the groundwork for this landmark act. The DPDPA aligns with global standards, drawing comparisons to the European Unions General Data Protection Regulation (GDPR). Its enactment is rooted in the Supreme Courts Puttaswamy judgment (2017), rapid digitalization, global data protection trends, economic considerations, and extensive public and stakeholder feedback. Key features of the DPDPA include its broad applicability, a nuanced consent framework, and robust individual rights such as access, rectification, erasure, and data portability. The Act imposes stringent obligations on data fiduciaries concerning data collection, processing, storage, security, and disclosure, overseen by the Data Protection Board (DPB). The DPB is empowered with investigative and enforcement capabilities to ensure compliance. The Act also incorporates specific exemptions to balance various interests. Analyzing the DPDPA reveals its potential to empower individuals by providing control over their personal data, although it presents implementation challenges such as compliance burdens for businesses and potential ambiguities. Comparing the DPDPA with frameworks like the GDPR and the California Consumer Privacy Act (CCPA) highlights its strengths and weaknesses. The Acts impact on Indias digital economy and innovation suggests both potential benefits and challenges, emphasizing the need for a balanced approach to foster growth while ensuring data protection.

MISUSING PREVENTIVE DETENTION IN SECURITY LEGISLATIONS: A HISTORICAL ANALYSIS FROM THE LENS OF PERSONAL LIBERTY

Preventive Detention is an extraordinary instrument used during times of crisis to prevent the commission of criminogenic behaviour by curtailing individual liberty on the apprehension of a criminal act, in the interests of national security. However, within Indian law, this extraordinary power holds a peculiar position in the sense that it is applicable during peacetime as well, an anomaly from the juristic position that it occupies in other jurisdictions. The historical roots of this power are traceable from the colonial era, wherein it was used as a means to silence dissent against the colonial State, yet, even after independence, it was given constitutional recognition and included and incorporated into the constitutional mechanism within Article 22. This is perhaps attributable to the exceptional circumstances surrounding the birth of this nascent nation, yet, over the past seven decades, it has been used as a means of silencing dissent and curtailing the voices of opposition, primarily due to its loose, imprecise, and vague connotation, as well as the blanket power that has been constitutionally granted on the State to exercise preventive detention. Curiously, although the judiciary has historically been an avowed protector of individual liberty and freedom, petitions challenging the validity of preventive detention legislations have often fallen on deaf ears, with the judiciary repeatedly valuing the principles of national security that these legislations envisage to protect over the individual rights of liberty and freedom. Thus, over the past seven decades, the misuse and abuse of preventive detention have become a dark spot in Indian legislative and judicial history. Against this backdrop, this paper is interested in examining the historical development and application of preventive detention laws in India, starting from the colonial period and expanding the discussion to the present, to understand the reasoning for its implementation during the British era, its subsequent inclusion within the constitutional framework, its use and misuse over the decades and the judicial opinion towards its imposition, to try and understand the nuances that this extraordinary power has carried in Indian jurisprudence.

Assessment of De Jure Judicial Independence of Constitutional Courts According to International Guidelines

Judicial independence of constitutional courts is of paramount importance because it upholds the rule of law, protects individual rights, and maintains checks and balances in a democracy. Moreover, it ensures impartiality, prevents the abuse of power, and fosters public trust in the legal system. By interpreting and applying the law without external influence, an independent judiciary safeguards the principles of justice and democratic governance. This Article provides criteria for assessing de jure judicial independence of constitutional courts according to four renowned international documents that set normative standards for protecting judicial independence. These four documents are synthesises the literature about the definition of judicial independence, particularly in the context of constitutional courts, and analyses four international guidelines that set essential standards for protecting the independence of the judiciary. These four guidelines are: Basic Principles on the Independence of the Judiciary by the UN,1 Report of the Special Rapporteur on the Independence of Judges and Lawyers,2 the Universal Charter of the Judges,3 and International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors.4 Using conceptual and doctrinal analysis, this Article identifies three key elements of de jure judicial independence: personal, institutional, and procedural. It also establishes practical criteria to evaluate whether the laws governing a specific constitutional court uphold or undermine its de jure judicial independence. Importantly, it is crucial to distinguish between de jure and de facto judicial independence because merely enacting constitutional provisions and laws to safeguard the judiciary does not automatically guarantee an independent judiciary in practice. The discussion of these principles highlights how personal, institutional, and procedural independence can be established and preserved within the courts. This Article concludes that the common purpose of these principles is to protect judges from unwarranted interference, especially from the executive branch. Among the various principles, the most crucial ones were found to be independent judicial appointment procedures and ensuring judges’ tenure is protected against retaliatory actions by the governing regime.

LEGAL STUDY ON PERSONAL DATA PROTECTION BASED ON INDONESIAN LEGISLATION

Personal data protection is an effort to protect individual privacy rights, which includes the need to protect a person's privacy as well as the protection of their personal data. The type of research in this study is normative juridical, which focuses on the review of positive legal norms.To find out about the protection of personal data regulated in Indonesian Legislation and to find out the obstacles to personal data protection in law and their solutions. In Indonesia, Personal Data Protection has been regulated in Law Number 27 of 2022 concerning Personal Data Protection, Law Number 11 of 2008 concerning Electronic Information and Transactions, and the Regulation of the Minister of Communication and Information of the Republic of Indonesia Number 20 of 2016 concerning Protection of Personal Data on Electronic Systems, and has obstacles in the application of this Law such as the overlap of the old law with the new one, and preventing a legal expert from adopting which Law.In the current technological era, the significance of addressing security factors in the processing of personal data using various technologies has become increasingly critical. While electronic systems have enhanced data security, it is undeniable that the risk of data theft by irresponsible parties still exists. Therefore, regulations or laws are necessary to provide protection for personal data.

Blockchain Technology as a Mechanism for Protecting Citizens' Rights in Remote Investment Transactions: Higher Education Market vs Labor Market

Introduction. The article studies and analyzes legal mechanisms of protection of rights and legitimate interests of private investors in the sphere of online investment based on blockchain technologies, which allow to reduce the level of inconsistency between the requirements of the labor market and the proposals of the higher education market. Materials and methods. The methodological basis of the study is interdisciplinary and covers different approaches and concepts belonging to the sphere of investment activities, digital economy, including blockchain technologies and specialized digital platforms, legal support of investment transactions, etc. It is based on the concept of development of digital economy in the conditions of the fourth industrial revolution, which is considered in the context of integration of digital technologies into investment processes and related problems of legal support of security of investment transactions in the Internet space. The harmonization of different concepts and approaches within the work is achieved through the methods of analysis and synthesis, as well as the use of a systematic approach, methods of comparative analysis, observation, abstraction, etc.Results of the study. The paper defines the essence and features of remote investment transactions, as well as their forms, reveals the essence and impact of blockchain technology on economic development and investment, provides examples of remote investment projects based on blockchain technology, characterizes the advantages and risks of remote investment instruments, proposes several mechanisms of legal protection of the interests of private investors using online instruments, substantiates the value and features of the use of smart-contracts as a blockchain technology, and provides a description of the advantages and risks of remote investment instruments. It has been established that in addition to the use of legal instruments for the protection of investment risks, primarily aimed at the use of smart contracts based on blockchain technologies, an important direction for improving the reliability of such transactions and avoiding rash financial and reputational losses is to increase the level of education of private investors. The labor market's demand for increasing the professionalism of individuals using remote investment instruments increases the relevance of educational programs aimed at studying blockchain, smart contracts, remote investment instruments and legal mechanisms for protecting the interests of private investors. Discussion and conclusion. The scientific and practical significance of the work consists in a comprehensive analysis and characterization of legal mechanisms to protect the rights of individuals investing through remote financial instruments in the Internet space, as well as in determining their advantages and disadvantages. It is substantiated that the main legal instrument for the protection of such investment transactions based on blockchain technology is smart contracts. The potential of smart contracts as instruments of legal protection of investment transactions in remote format is used due to a set of their typical functions, including decentralization, resistance to unauthorized changes, transparency, autonomy, etc.

Big data and AI in employment: The dual challenge of workforce replacement and protecting customer privacy in biometric data usage

The integration of Artificial Intelligence (AI) and Big Data is ushering in profound transformations across various industries, with biometric data usage standing out due to its deep implications for workforce dynamics and customer privacy. This review article critically examines the dual challenges presented by AI-driven automation and the extensive use of biometric data analytics, focusing on the resultant job displacement and escalating privacy concerns. Biometric technologies such as facial recognition, fingerprint identification, and voice analysis are increasingly deployed across sectors including finance, healthcare, and retail. These technologies aim to enhance security measures, improve user experience, and optimize operational efficiencies. However, they also bring to light substantial ethical dilemmas, particularly concerning the privacy of individuals and the security of the data being collected. The pervasive collection and analysis of biometric data can lead to invasive surveillance and profiling, exacerbating risks to personal privacy. Moreover, the use of AI in automating tasks that were traditionally performed by human workers is leading to significant shifts in employment structures. While AI can increase efficiency and reduce costs, it also raises the specter of widespread job displacement. This potential for automation-driven unemployment is especially pronounced in sectors that heavily utilize routine, repetitive tasks, posing critical socio-economic challenges. This article also explores the regulatory and technological frameworks currently in place, and those that are needed to address these challenges. The effectiveness of existing data protection laws, such as the General Data Protection Regulation (GDPR) in the European Union, and the California Consumer Privacy Act (CCPA) in the United States, is assessed in the context of AI and biometric data. We discuss the role of policy in shaping the ethical use of AI and protecting workers, along with the technological safeguards that could be implemented to secure biometric data and ensure privacy. By synthesizing insights from recent research, case studies, and expert analyses, this article provides a comprehensive overview of how AI and Big Data are reshaping the landscape of work and privacy. It critically discusses the need for a balanced approach that harnesses the benefits of technological advancements while safeguarding individual rights and employment security.