Unlawful Interference Research Articles

Digital Surveillance, Meta Data and Foreign Intelligence Cooperation: Unpacking the International Right to Privacy

Anti-terrorism measures have led to increasing digital interception of private communications and to mass surveillance, the extent of which had been unseen until recently. When a few years ago the discussion started about how to deal with this phenomenon, the call for a new legal instrument quickly erupted. However, this the article demonstrates that this is not a blind spot of international law. Article 17 of the International Covenant on Civil and Political Rights guarantees the right to privacy and the protection against unlawful interference with correspondence. The Human Rights Committee which is entrusted with the interpretation of the Covenant has taken recent cyber-related developments as an opportunity to unpack the right to privacy in the context of its state reporting procedure. The article by Anja Seibert-Fohr describes and systematizes the Human Rights Committee’s interpretation of Article 17 of the International Covenant on Civil and Political Rights with respect to the protection of privacy against digital surveillance, meta data retention and foreign intelligence cooperation and outlines the respective legal standards. The author demonstrates that the Covenant provides the necessary legal ground to confront new technological challenges without ignoring the exigencies of the altering security situation. Safeguard procedures play a central role in this undertaking. The Committee, having identified various shortcomings in national legal frameworks, has specified the necessary safeguards to effectively protect the right to privacy against arbitrary interference. It has also clarified the territorial scope of protection under the Covenant which is not limited to domestic measures but also extents to transnational surveillance and digital intelligence sharing. The Committee thus has specified the meaning of Article 17 and laid important groundwork for the consideration of cyber-related issues. The author concludes with an outlook, describing new issues which the Committee will need to consider in the future, and makes general recommendations for the future conceptualization of the right to privacy in the digital age more generally.

Civil rights between legal provisions and political reality in Albania

One of the basic principles of civil rights is that all human beings are born free and equal in dignity and rights. The life protection, liberty and property should be equally guaranteed to citizens to exclude discrimination of minorities or other parts of the population. These rights are an important part of civil liberties and are considered as an essential element for effective citizenship. Arbitrary arrest, terror, torture or other serious and unlawful interference, both by state and private actors, significantly affect the well-being of democracy as it affects the very essence of it. In liberal democracies, leaders legitimized by the people must be involved within the norms and principles of the rule of law in order to establish a healthy relationship between the state and the citizen. This relationship is considered to be damaged in non-liberal democracies as it is affected by the suspension of individual freedoms and rights. This paper aims to analyze whether these individual rights are guaranteed and protected in Albania, considering from the perspective of the legal framework as well as in the political reality. This study aims to analyze the development of human rights, judicial rights and their implementation in our country to come to the conclusion, whether our system is that of a liberal democracy or not.

Corporate criminal liability in the realm of aviation security: the 2010 BEIJING convention in focus

The most important reason for the establishment of the International Civil Aviation Organization (ICAO) in 1943 is to adopt measures, practices and procedures to secure international civil aviation against unlawful interference. This objective has been the module oparandi of the ICAO in order not to disappoint the international community. Thus, starting from 1963 to date various international instruments on aviation security have been adopted by the international community under the ICAO auspices to secure international civil aviation. The ICAO adopted a new Convention in 2010 to deal with the old and new threat of aviation terrorism. The provision relating to the liability of corporate legal entity is captured for the purpose of prosecuting any corporate legal entity that complicit in any of the act of unlawful interference with civil aviation. This article intends to critically analyse the actual provision of the Convention on the criminal liability of a corporate legal entity, and to determine the reason behind the inclusion of this provision in the Convention. The paper further examines the form of punishments that may be imposed on an erring corporate legal entity for its participation in any unlawful interference with civil aviation. The paper advocates for the imposition of punishment such as dissolution of company, corporate lockup, fine and adverse publicity of corporate wrongdoing as form of punishments against any legal entity for committing any unlawful act.

Polski system ochrony lotnictwa cywilnego przed aktem bezprawnej ingerencji

Polski system ochrony lotnictwa cywilnego przed aktem bezprawnej ingerencji

Vulnerabilities in Localization With Regard to GNSS and Harmful Radio Interference: International and EU Law Aspects

Harmful radio interference contravenes many national, regional, and international laws. Global navigation satellite system (GNSS) services have global coverage, therefore development of international law is necessary. European Union (EU) also requires harmonized law for its member states. This paper focuses on the current state of international and EU laws to tackle GNSS, radio spectrum and radio equipment usage, and probable interference with regard to location services and privacy. From a legal point of view, this paper seeks to include mitigation of unlawful interference in radio communication in order to ensure a secured location estimation and positioning system.

The threat on airports from unmanned aerial vehicles

This article provides a general overview of the threats on airports caused by widespread use of unmanned aerial vehicles (UAVs), commonly referred to as drones. They are increasingly available and can therefore be used as a means of unlawful interference against Critical Infrastructure, especially against airports. Also selected are examples of UAV applications for airport security and disturbance and anti-UAV systems.

PROCEDURES OF STATE REGISTRATION AND CERTIFICATION OF CIVIL AERODROMES IN THE CONTEXT OF UKRAINE’S OBLIGATIONS UNDER THE CONVENTION ON INTERNATIONAL CIVIL AVIATION

Purpose: within the framework of the scientific article, the group of authors thoroughly analyzed the administrative and legal principles of the organization of state registration and certification of airfields of civil aviation in the context of Ukraine's international obligations under the Convention on International Civil Aviation and its Annexes. Methods: methodological basis of the study consisted of both general scientific and special-legal methods of scientific knowledge. The application of the logical-semantic method in combination with the formal-legal one allowed to highlight and define the essence and content of the procedures for state registration of certification in the aspect of aviation activity related to the operation of civil aviation airfields by subjects of relevant public legal relations. The application of the analysis method in combination with the formal legal method enabled the legal basis for the procedures for registration and certification of aerodromes of civil aviation to be worked out, as well as to study the peculiarities of the legal status of subjects of power and management powers in the process of their implementation. The grouping method allowed systematizing the stages and procedural phases of registration and certification procedures. By means of the synthesis method in combination with rather-legal (comparative) and formally-legal methods were generalized international standards and recommended practices of ICAO for the construction, commissioning, reconstruction of airfields of civil aviation, carrying out repair, technological or other types of works within their framework. Discussion: the administrative and legal aspects of the procedures for state registration and certification of civil aviation airfields remain the subject of purely scientific developments, which enables full comprehension of their content and legal nature. The raised issues acquire particular topicality in the context of the need for proper implementation of Ukraine's international obligations to ensure aviation safety, regularity and efficiency of flights by introducing rules, practices and procedures that provide for measures to protect against acts of unlawful interference.

Wywłaszczenie a nowe regulacje Prawa geologicznego i górniczego

Art. 21 of the Polish Constitution respects the freedom of ownership, understood as the protected sphere with regard to possess and dispose the property. It forbids the unlawful interference in the individual’s legal status made by the public authorities or any other participant of legal transactions. However, the guarantee of sustainability does not imply inviolability of the property law. Under the constitutional provisions it is concluded that property is a right permitted insofar as it is necessary to ensure the essential public objectives. The expropriation is a legal institution, which enables obtaining rights in real estate recognized for other individuals, if it might be considered necessary to implement public objectives; and through just right compensation. The legal solution, created by the art. 19 of Geological and Mining Law enabling the entrepreneurs to compulsorily buy-out the real estate seems to be dubious from the constitutional point of view. The specificity of legal instruments allowing being deprived of the right or limitation of the right to real estate for the needs of exploration and exploitation of minerals is that such de facto expropriation takes place on favor of private entrepreneurs. The question arises, how much business activity consisting in mining can be considered a public objective.

The airport as object prone for threats

There were many attacks on civil aviation facilities which occurred since the 1930s but the first recorded attaca against the airport security occurred in 1970. Due to the extensive infrastructure,airports are susceptible to the occurrence of hazards especially acts of unlawful interference. Therefore, there is adopted following purpose of this article: characteristics of airports in terms of possible threats. To accomplish this, there are characterized most important elements of airport infrastructure in the first part and then author presented selected acts of unlawful interference committed at airports in the second part. In addition, the last section of the article contains most important results of the researchconnected to this topic which refer to safety at airports in Poland from passengers point of view.

Airport attacks: The critical role airports can play in combatting terrorism

This paper uses a unique database of aviation terrorist attacks to analyse the phenomenon of airport attacks. The evolution of aviation terrorism is described with a particular focus on airport attacks, using empirical and historical data to form a factual baseline for historical analysis and policy recommendations. The authors make a distinction between acts of unlawful interference, the all-encompassing term the International Civil Aviation Organization uses, and actual terrorist attacks against civil aviation. While statistics demonstrate that airport attacks have been perpetrated steadily since the 1970s, with no major fluctuations in recent years, they also demonstrate that airport attacks may have the potential to become more lethal than ever before. Analyses and guidance are also provided on how to better protect airports, suggesting that the hardening of aircraft as targets has actually transferred considerable security risk to airports. To effectively secure the air transportation system, a three-pronged approach to aviation security is proposed, transcending airport security and reaching far beyond aviation in its scope.

Determination of the Minimum Amount of Financial Costs in the Event of Occurrence of Selected Crisis Situations Caused by Passengers at the Airport

<em>Aircraft accidents are currently a relatively common phenomenon. They are the most distressed situations in civil aviation, critical not only for the general public, but also for air transport operators and airports. Every crisis situation has different impacts on the airport, whether material or financially. The aim of this contribution is to analyze the course and impact of selected crisis situations, including unlawful interference, deterioration of passenger’s health on an aircraft board and crowd psychosis, and then quantify the minimum amount of financial costs that arise in these crises. The calculation of these costs is particularly important for airports and their effective preparation for the possible occurrence of individual crisis situations. This raises the question of whether airports are prepared for the possible occurrence of crisis situations and whether they create at least a minimum financial margin to eliminate the impact of each crisis situation.</em>

Macro Issues of Mikro Primary School

Mikro Primary School is an Afrikaans medium public school whose governing body refused to accede to an order of the Western Cape Department of Education to change the language policy of the school so as to convert it into a parallel medium Afrikaans/English school. The Supreme Court of Appeal held that section 29(2) of the Constitution of the Republic of South Africa, 1996, means that everyone has a right to be educated in an official language of his or her choice at a public educational institution to be provided by the State if reasonably practicable, but not the right to be so instructed at each and every public educational institution, subject only to it being reasonably practicable to do so. The court held that the language policy and admission policy of Mikro were not contrary to any provision of the Constitution, the South African Schools Act 84 of 1996, the Western Cape Provincial School Education Act 12 of 1997 or the Norms and Standards. The MEC and the department were prohibited and restrained from compelling or attempting to compel the school or its principal to admit learners for instruction otherwise than in compliance with its language policy and applicable provisions of the Schools Act and the Norms and Standards. The court declared the conduct of the department’s officials to be an unlawful interference with the government and professional management of the school in contravention of section 16 of the Schools Act and prohibited and restrained them from interfering unlawfully. The court rejected a previous interpretation of the term “organ of state” and relied on the Constitution which determines that any institution exercising a public power or performing a public function in terms of any legislation is an organ of state (section 239(b)(ii)). This means that the public school (acting through its governing body) is clearly an organ of state because as an institution it exercises a public-education power and performs public-education functions in terms of the Schools Act, for example.

Ograničenja prava na neometano uživanje imovine u praksi Evropskog suda za ljudska prava

The right to property is regulated by Article 1 of Protocol No. 1 to the European Convention on Human Rights. The basic aim of this article of the Convention is to protect every person from unlawful interference by the state in the peaceful enjoyment of property. Such a negative obligation includes, for example, the prohibition of expropriation of property, as well as the planning of restrictions or the temporary seizure of property. Any interference by a public authority with the right to peaceful enjoyment of property must be lawful, that is, it must have a basis in domestic law, which should be sufficiently precise and predictable. Also, the interference with the right to property must follow a legitimate aim. It is only permitted in the public interest, and control of the use of property is carried out in accordance with the general interest. The interests of an individual affected by a measure of violation of the right to property should be balanced with the interests of the general public. The interference should not represent an excessive or disproportionate burden on the individual. It is necessary for the state to introduce control measures that include determination whether a measure is appropriate for achieving its goal and whether it is proportionate. Interference in property rights does not constitute a violation of Protocol 1 to the Convention if the owner receives the appropriate compensation for damages, which constitutes a fair satisfaction.

Urgent Mandate, Unhurried Response:

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. – Article 12, Universal Declaration of Human Rights 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks. – Article 17, International Convention on Civil and Political Rights In 2015, the United Nations (UN) established a Special Rapporteur on the Right to Privacy (SRP) following the disclosure of mass surveillance by the US National Security Agency. Consistent with the procedures for the establishment for Special Rapporteurs, the SRP was given a broad mandate to protect and promote the right to privacy set out in Article 12 of the Universal Declaration of Human Rights (UDHR) and Article 17 of the International Covenant on Civil and Political Rights (ICCPR). The mandate set out the expectation that the Special Rapporteur would gather relevant information, make recommendations, raise awareness, report violations, identify emerging issues and report annually on his work. This article reviews the background of mandate, summarizes the activities to date, identifies shortcomings and then proposes a series of reforms, drawing on the literature of UN Special Procedures, the work of other Special Rapporteurs and human rights nongovernmental organisations in the privacy field. Although Special Rapporteurs often encounter delays at the outset of a mandate, the Special Rapporteur has created unnecessary delay with the effort to redefine the right to privacy rather than to ‘promote and protect’ the well-established human rights norm that is the cornerstone of the privacy mandate.

Confidentiality and privacy in the setting of involuntary mental health care: What standards should apply?

Summary Restriction of liberty for the purpose of psychiatric treatment raises practical, ethical and philosophical issues relating to privacy and confidentiality. As a result, the issue of confidentiality in mental health care is a subject of long-standing interest. The challenges are at once medical, legal, ethical and philosophical. In 1991, the United Nations’ (UN) placed strong emphasis on confidentiality and privacy, an emphasis that was re-iterated in the World Health Organisation's “Resource book on mental health, human rights and legislation” in 2005. In 2006, the UN “Convention on the rights of persons with disabilities” articulated that “no person with disabilities [which includes at least some people with mental illness], regardless of place of residence or living arrangements, shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence or other types of communication or to unlawful attacks on his or her honour and reputation” (article 22). The Council of Europe's “Convention for the protection of human rights and fundamental freedoms” (“European convention on human rights” [ECHR]) (1950) also articulates a “right to respect for private and family life”, specifying that “everyone has the right to respect for his private and family life, his home and his correspondence” (article 8). In the setting of involuntary mental health care, however, it is apparent that this right, like the right to liberty, is a qualified right. A number of important UK cases and cases in the European court of human rights have explored this ECHR “right to respect for private and family life”, ultimately demonstrating that interference with this right can be permissible, once such interference is proportionate, predictable, in accordance with relevant codes of practice (insofar as possible), and clearly justified, for reasons set out logically at the time. While these judgments assist significantly with interpreting international human rights standards and national laws, it remains the case that the practice of psychiatry is also shaped by many factors other than law. Day-to-day clinical work continually presents dilemmas which are not adequately covered by law and require solutions based in broader principles of good medical and ethical practice. In this context, formal medical ethical guidelines in most countries permit disclosure of information without consent if required by law (e.g. court order) or for the protection of the patient or others – despite the impossibility of predicting either homicide or suicide. As a result, while guidelines on breaching confidentiality without consent might well be useful in certain, limited circumstances, it is extremely difficult to determine when to do so, given difficulties assessing risk. There are three possible responses to this situation. The first is never to breach confidentiality due to apparent risk, on the basis that the negative consequences of such an action (i.e. reduced privacy) are certain, while the benefits (i.e. possibly preventing adverse events) are uncertain. The second option is to do our best to predict risk using our imperfect prediction tools; breach confidentiality when risk appears to exceed a certain (ill-defined) threshold; and simply pay a price in terms of reduced privacy. This is the chosen option in most jurisdictions. The third option is to reduce or avoid the dilemma by reducing the amount of privacy afforded to patients in the first instance, by, for example, creating a mandatory requirement for the involvement of third parties (e.g. family) in mental health care from the outset, even when there are no particular risks identified and even when the patient does not consent to this. This option was examined with care in Ireland in 2015 and was not adopted, in favour of the second option, according considerable weight to the right to privacy. Ultimately, however, while human rights form an essential bedrock for this discussion, the vast majority of human needs are fulfilled in ways other than claiming rights (e.g. through societal relations, charity, or political, rather than judicial, allocation of resources). The human need to connect with others and to share has a complex relationship with the need for confidentiality and privacy; further philosophical reflection on these two concepts – which are not necessarily the opposites they might appear at first sight – would help clarify these issues in the complex, important setting of involuntary mental health care.

SID and Others v. Bulgaria

Human rights — Eviction and demolition of housing of Roma community — Whether unlawful and arbitrary interference with one’s home — International Covenant on Civil and Political Rights, 1966, Article 17 — Right to equality before law and equal protection of the law — Article 26 of Covenant — Discrimination on the ground of race or ethnic origin — Article 2 of CovenantInternational tribunals — United Nations Human Rights Committee — Jurisdiction — Admissibility — Whether communication admissible — Optional Protocol to Covenant, Article 5(2) — Whether matter being examined under another procedure of international investigation or settlement — Optional Protocol, Article 2 — Whether information provided by authors sufficient — Whether allegations substantiated — United Nations Human Rights Committee

АКТЫ НЕЗАКОННОГО ВМЕШАТЕЛЬСТВА КАК ОСНОВНАЯ УГРОЗА ТРАНСПОРТНОЙ БЕЗОПАСНОСТИ РОССИЙСКОЙ ФЕДЕРАЦИИ

Separate threats to the Russian Federation transport security are considered, an analysis of the concept, features and essence of «an act of unlawful interference» category is given. The ways of improvement of legislation in the field of study are proposed.

It's a Conspiracy! Or Is It? The Difficulty With the Economic Torts as ‘Alternative’ Causes of Action for Competition Law Damages Actions in UK Courts

The cause of action upon which damages actions brought in the UK courts under either EU or UK competition law are generally founded is breach of statutory duty.1 In two cases from recent years, however—both follow-on actions brought against parties held under regulatory decisions to have partaken in illegal cartels—an attempt has been made to invoke the torts of conspiracy by unlawful means and/or unlawful interference, as causes of action. This article asks why a claimant might attempt to found an action in unlawful means conspiracy or unlawful interference, in addition to, or as an alternative to, an action for breach of statutory duty, when bringing a damages action against a cartelist. With regard to both unlawful means conspiracy and unlawful interference, it will be noted that the dual requirements of showing the necessary intent and establishing the unlawful means, result in these torts being considerably more complicated to invoke as a cause of action than breach of statutory duty in a competition law damages action. It will be suggested that unlawful interference is particularly tricky to successfully invoke because of the additional requirement of having to demonstrate interference with the freedom of a third party to deal with the claimant and because ‘unlawful means’ are defined more narrowly for the purposes of this tort than is the case for unlawful means conspiracy. It will be concluded, however, that even if either of these torts could in theory be used as a cause of action in a competition law damages action, it is precisely the cases in which they would be attractive to a claimant, i.e. those where an action for breach of statutory duty is unavailable, that the use of either tort will come up against insurmountable obstacles. Crucially, it is doubtful that under English law, the breach of the law of a foreign country could constitute ‘unlawful means’ for the purposes of either unlawful means conspiracy or unlawful interference. Finally, the implications of the recent referendum held in the UK on EU membership for the topic of this article will be briefly considered.

Methodology of the Auditing Measures to Civil Airport Security and Protection

Airports similarly to other companies are certified in compliance with the International Standardization Organization (ISO) standards of products and services (series of ISO 9000 Standards regarding quality management), to coordinate the technical side of standardizatioon and normalization at an international scale. In order for the airports to meet the norms and the certification requirements as by the ISO they are liable to undergo strict audits of quality, as a rule, conducted by an independent auditing organization. Focus of the audits is primarily on airport operation economics and security. The article is an analysis into the methodology of the airport security audit processes and activities. Within the framework of planning, the sequence of steps is described in line with the principles and procedures of the Security Management System (SMS) and starndards established by the International Standardization Organization (ISO). The methodology of conducting airport security audit is developed in compliance with the national programme and international legislation standards (Annex 17) applicable to protection of civil aviation against acts of unlawful interference.

Extremism in the Islamic Country and Its Relationship with the International Policy

Extremism is one of themes that do not comply with all the established beliefs and healthy ideas because man is naturally built on moderation, and not extremism or militancy. The human communities are constituted throughout cooperation to keep the sustainability of life. The extremism happening today, particularly in Islamic countries, is only a result of internal reasons within Muslim societies, and the relationship of the dominant international policies on the capabilities of the peoples. In turn, this led to stick extremism to the Islamic approach and religion, because of the docility of some ignorant people of what is being plotted by those countries' policies and the shortening of some leaders of this matter in general. The present study has used the descriptive analytical approach to these issues. It concludes that there are negative reasons within Islamic countries, such as ignorance, economic and social aspects, Internet channels, some scientists' shortage in the preaching side, and the major role of the international politics in fomenting and supporting extremism in these countries. This role is represented in the unlawful interference, military support, and law legislation which are not suitable with the provisions of the Islamic religion that rejects all kinds of extremism through its legislation used from generation to generation.