DSpace Collection:https://dspace.rsu.lv/jspui/handle/123456789/96112024-02-24T00:05:39Z2024-02-24T00:05:39ZRight to Copy of Medical Records Free of Charge According to Article 15 (3) Sentence 1 of the GDPR vs. Mandatory Reimbursement of Costs by Patient under National LawHahn, Erikhttps://dspace.rsu.lv/jspui/handle/123456789/96472022-10-11T13:01:34Z2022-01-01T00:00:00ZTitle: Right to Copy of Medical Records Free of Charge According to Article 15 (3) Sentence 1 of the GDPR vs. Mandatory Reimbursement of Costs by Patient under National Law
Authors: Hahn, Erik
Abstract: The article covers the topic of compatibility of national regulations, which contain an obligation for the patient to reimburse costs for copies from the medical record, with the regulations of the GDPR. The discussion is based on the example of the German regulation in Section 630g (2) of the German Civil Code (BGB) since the German Federal Court of Justice (2022) recently submitted the question of the compatibility of this provision with the GDPR to the ECJ (European Court of Justice) for a preliminary ruling. The study also focuses on Austria, where the Supreme Court of Justice already in 2020 had assumed that the comparable provision in Art. 17a (2) lit. g of the Vienna Hospital Act 1987 could be a permissible restriction within the meaning of Art. 23 (1) lit. e of the GDPR. The article concludes that the request for a copy of the medical record is not “excessive” within the meaning of Art. 12 (5) sentence 2 of the GDPR, although the request did not serve data protection purposes but served to assert claims for damages against the physician. Furthermore, the article assumes that a national provision that requires the patient to bear the costs in any case is not a “necessary and proportionate measure” within the meaning of Art. 23 (1) of the GDPR. However, a restriction of the physician’s obligation to provide copies free of charge based on the wording of Art. 15 (3) sentence 1 of the GDPR might be possible.2022-01-01T00:00:00ZAlgoritms kā būtiska kaitējuma noteikšanas metode noziedzīgos nodarījumos, kas saistīti ar automatizētu datu apstrādes sistēmu (ADAS)Ķinis, UldisSinkevičs, Ņikitahttps://dspace.rsu.lv/jspui/handle/123456789/96492022-10-11T13:03:11Z2022-01-01T00:00:00ZTitle: Algoritms kā būtiska kaitējuma noteikšanas metode noziedzīgos nodarījumos, kas saistīti ar automatizētu datu apstrādes sistēmu (ADAS)
Authors: Ķinis, Uldis; Sinkevičs, Ņikita
Abstract: The aim of the article is to analyse the problem of applying substantial harm in offenses against the security of information systems, in particular Paragraph one of Article 241 and the paragraph one and two of Article 243 of the Criminal Law. Although substantial harm is defined in Article 23 of the Law on the Procedures for the Coming into Force and Application of the Criminal Law, the wording of the current law and its application in the court practice of Latvia is still problematic. The authors have studied the European Union and regulations in Latvia on the network and information system, which provides security of services essential to society. The authors concluded that systems which provide essential service and significant impact of service must be recognised as the direct object of the offense of Article 241, Paragraph three and Article 243, Paragraph five of the Criminal Law. Furthermore, it is not necessary to prove existence of harmful effects in order to prosecute these offenses. The authors propose to introduce a classification of information systems that would functionally cover all existing systems in the country. Therefore, the authors propose to simplify this process of determining significant damage and replace the current procedure with an algorithm. General methods of scientific research and methods of legal interpretation have been used in the research.2022-01-01T00:00:00ZCovid-19 pandēmijas aktualizētie pārvaldības kārtības noziedzīgie apdraudējumi LatvijāBaumanis, Jānishttps://dspace.rsu.lv/jspui/handle/123456789/96522022-10-11T13:05:38Z2022-01-01T00:00:00ZTitle: Covid-19 pandēmijas aktualizētie pārvaldības kārtības noziedzīgie apdraudējumi Latvijā
Authors: Baumanis, Jānis
Abstract: COVID-19 pandemic in Latvia has activated several types of criminal threats. Their range also included criminal threats to the administration existing in Latvia, which have been explored in detail in this article. The author has highlighted three topical groups of criminal threat in the field of administrative order: 1) threats, expressed as counter-activities against the person, who participates in elimination or termination of illegal commitment driven towards COVID-19 restrictions; 2) threats expressed as violations of the procedure determined for processing of documents in the field of COVID-19 restrictions; 3) threats expressed as violation of special regulations in the field of COVID-19 restrictions. Having paid attention to each separate group, the author has studied not only the case law, but also amendments to the Criminal Law planned and implemented by the legislator, analysing the positive and negative aspects of the amendments. The study revealed that the repressive approach of the state, implemented within the framework of control of the restrictions for spread of the COVID-19, lead to the situation, where not only the need was discussed to recognise the offences not yet deemed as criminally punishable, but where the legislator still considered it necessary to supplement the special part of the Criminal Law with new norms, thus expanding the types of expression of criminal offences.2022-01-01T00:00:00ZDevelopment Strategy of International Cooperation of Forensic Science Institutions of Ukraine with Foreign Experts in Prevention of Terrorist Attacks on Critical InfrastructureFilipenko, NataliiaSpitsyna, Hannahttps://dspace.rsu.lv/jspui/handle/123456789/96502022-10-11T13:04:02Z2022-01-01T00:00:00ZTitle: Development Strategy of International Cooperation of Forensic Science Institutions of Ukraine with Foreign Experts in Prevention of Terrorist Attacks on Critical Infrastructure
Authors: Filipenko, Nataliia; Spitsyna, Hanna
Abstract: The issue of using modern foreign experience of preventive activity in criminological work of forensic science institutions of Ukraine has been considered in this study. Peculiarities of the main organisational forms of forensic science activity have been analysed through specialised (forensic science) institutions and through specific specialists, namely: forensic experts (for example, practice of the institute of sworn experts: specialists who took the oath or received a license for forensic examination). Analysis of international standards used in forensic science activity has been carried out. Necessity position of legislative introduction of international standards in process of forensic examination has been revealed and substantiated. The main emphasis is on highlighting problems of cooperation of forensic institutions of Ukraine with foreign experts in preventing terrorist attacks on critical infrastructure. The research aim is to study the use of modern foreign experience in preventive activities in criminological work of forensic expert institutions of Ukraine. The result of the study provides evaluation of the problems of cooperation of forensic institutions of Ukraine with foreign experts in preventing terrorist attacks on critical infrastructure. Based on this evaluation, a proposal is put forward for the improvement of normative regulations.2022-01-01T00:00:00Z