013. Видання НаУКМА

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Browsing 013. Видання НаУКМА by Author "Bulgakova, Daria"

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    The compliance of facial processing in France with the article 9 paragraph 2 (a) (g) of (EU) General data protection regulation
    (2023) Bulgakova, Daria; Bulgakova, Valentyna
    The legal identity of individuals is critical in digital ecosystems, and biometric systems play a vital role in verifying identities throughout their lives. However, these systems also pose significant risks and require responsible use. The European Union has established a digital strategy to create a trusted and secure digital identity, setting a global standard for technological development in identification. In line with the General Data Protection Regulation Article 9(1), member countries must justify any exceptions to the rule provided. France has taken a leading role in using unique identification legally, implementing digitally processed attributes such as facial recognition through the Alicem application on smartphones to identify individuals in a digital environment, and improving e-services uniquely. Specifically, the article analyses the General Data Protection Regulation Article 9, paragraph 1, and the exceptional conditions outlined in paragraph 2 (a) (g) along with scrutinized legislation in France of Decree n°2019-452 of 13 May 2019, which authorized the use of unique identification known as "Certified Online Authentication on Mobile". The research recommends that EU member countries taking approaches to introduce GDPR Article 9 into national legislation should consider their citizens’ specific needs and concerns while aligning with the European Union law because it is critical to balance the benefits of biometric systems with the risks posed to personal data protection, ensuring that their responsible use contributes to a secure and trustworthy digital ecosystem.
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    Doxing: the Sandy Hook case study
    (2024) Bulgakova, Daria
    This article aims to contribute to the doxing problem concerning the interpretation of this phenomenon and the provision of anti-doxing measures. The author argues that doxing is a social practice of searching and disclosing adverse events and party information on the internet and is based on people’s original intention of justice to let the public understand the facts and truth. However, doxing can influence online audience behavior and shift the results of public opinion polls. The case study on Sandy Hook aims to illustrate doxing and highlights the value of sifting through the information that people receive from various sources. The research exemplifies the negative consequences of doxing, particularly for the victims, whose children were tragically killed, as conspiracy theorist Alex Jones exacerbated the situation by portraying the Sandy Hook shooting as a hoax. Thus, the author suggests the adoption of cyber liability policies and the implementation of cyber insurance to mitigate the risks of doxing. Such measures can also help protect individuals from the potential harm caused by the destructive practice of unregulated media and internet exposure. It is important because, considering the factors of the case study, the coverage of doxing is also shaped by a multifaceted discourse encompassing identity theft, armed conflicts, political issues, cyber trolling, ethical dilemmas in media practices, public health implications, and even social inequality. This discourse has not only sustained the initial wave in the scope of defamation but also plays a key role in studying the evolution of doxing and shaping its understanding among readers.
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    The liability of online intermediaries under European Union law
    (2023) Bulgakova, Daria; Deruma, Sintija
    This research explores the complex and multifaceted issue of online intermediary liability. It illuminates the challenges arising from the absence of uniform regulations and the need for a collaborative system between online intermediaries and rightsholders. Specifically, the article scrutinizes the liability of online intermediaries under European Union law for violations of legal interests in online content. It strives to balance intermediary liability frameworks and fair competition, drawing attention to the relationship between specific provisions and the concurrent regime outlined in the e-Commerce Directive. Moreover, the article evaluates the consistency of liability frameworks for online intermediaries and their compliance with market functioning rules under the Trade Secrets and the Unfair Commercial Practices Directives. Furthermore, the article consults the consequences of the EU Directive on Copyright in the Digital Single Market, which holds online user-generated content platforms directly responsible for infringing content. And, unlike the original draft, the final version of this directive does not impose general monitoring obligations. Nevertheless, online intermediaries may need to implement filtering measures to avoid liability for unauthorized communication of copyright-protected works to the public. The writing also considers the impact of a prior legal framework, and the Digital Service Act established to address the issue of online intermediaries being held liable for any illegal information disseminated through their platforms. The research underscores the innovative features of the Digital Services Act, acknowledging the challenges of creating a practical legal framework striving to avoid conflicts with relevant laws. Therefore, this paper sheds light on the complex nature of online intermediary liability to the EU approach accordingly.