A proteção de direitos fundamentais da confidencialidade e da integridade de sistemas próprios de tecnologia da informação
The present analyzes the panorama of protection of fundamental rights in Germany in light of the technology advancement revealed by the recent development of information technology systems. Initially, the paper analyzes the famous trial held in 1983 ruled by the German Federal Constitutional C...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7931930 |
| Source: | Revista de Direito Civil Contemporâneo - RDCC: Journal of Contemporary Private Law, ISSN 2358-1433, Nº. 23, 2020 |
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| Summary: |
The present analyzes the panorama
of protection of fundamental rights in Germany
in light of the technology advancement revealed
by the recent development of information
technology systems. Initially, the paper analyzes
the famous trial held in 1983 ruled by the German
Federal Constitutional Court, regarding the
gathering of population data for census purposes,
by which it was recognized a fundamental
right to informational self-determination. Then,
the paper analyses some necessities and possibilities
for the protection of fundamental rights
in connection with the subject of the paper,
including the protection of confidence in systems
information technology, as long as such
necessities and possibilities are relevant to the personality right spectrum. In sequence, the paper
analyzes certain provisions relevant to the
protection of fundamental rights that are within
the German Constitution, and ultimately, limits to
such protection as well as conflicts between different
provisions for the protection of fundamental
rights on German Constitution. |
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