Alexey Tulikov

Information Security as a Guarantee for Human Rights

2015. No. 2. P. 50–60 [issue contents]
The article features a topical issue of the correlation between information security and human rights.The Russian concept of information security is interpreted as a state of safety for the vital interests of aperson, society and state. In the US and EU, the definition to information security is associated with the principles of confidentiality, integrity and accessibility to information or information systems. Implementing both principles allows ensuring a balance of interests for various participants of legal relations and hence providing guarantee of human rights in the area of information security. The influence of modern technologies is evident primarily in personal rights in which the right to privacy makes a special domain. On the one hand, the measures to ensure information security targeting the protection of the right guarantee theright of privacy. On the other hand, when restricting the right to privacy, appropriate guarantees should prevent possible abuses with such restrictions which cause the threats to information security of a person. Besides the confidentiality, integrity and accessibility principles, special legal principles were developed to determine the limits and terms to implement the right to privacy. The major mechanisms to protect theright to privacy in the principles are the consent for personal data processing and the notification of it. At the same time, with the development of Internet technologies, such mechanisms are insufficient to respect the right to privacy. The development of guarantees for the right is implemented by creating additional mechanisms of protection and confidentiality expressed in special requirements to collecting and processing personal information. Modern technologies lead to new threats to national security and state information security. The need to protect such concepts is a reason to restrict the right to privacy. The balance between such restrictions and aims serves as a guarantee of human rights and personal information security. The states with democratic legal regimes tend to stipulate the priority of human rights to national security. The less is the significance of democratic values in a political regime, a greater role is given to ensuring national security to protect the existing model of state governance. It leads to setting various restrictions to human rights including the right to privacy.
Citation: Tulikov A. (2015) Obespechenie informatsionnoy bezopasnosti kak garantiyaprav cheloveka [Information Security as a Guarantee for Human Rights]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 50-60 (in Russian)
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