Three spheres of privacy. Public and private in  contemporary legal system and social theory

The protection of privacy embraces three areas: physical integrity, information autonomy and protection of family life. All these spheres, distinguished in law and jurisprudence, protect the human identity against public authorities and other people interferences. However, in all these spheres there can be observed new changes, appearing insocial life and lifestyle, which let us ask the questions about the scope and real need of privacy protection in contemporary world, where cultural norms and development of societies influence on concept of privacy and public sphere.

In this article the author analyzes various legal aspects necessary for maintaining the rights of citizens to live in a free, safe and democratic state of contemporary digital era. She presents philosophical and legal origins of the rights to privacy and the development of the concept in different countries with a particular emphasis of its place in the digital world of modern democracies. She tries to show the importance of this concept as the premise for national security and compares legal solutions in different countries all over the world. It makes the article important because her interests go into comparing and finding not only the best examples and legal cases but practical knowledge which may be used in academic work and research.

At the beginning 2020, the vast majority of countries worldwide were forced to confront and face the SARS-CoV-2 pandemic. The rapid spread of this new disease resulted in radical changes in the basic principles of the functioning and organization of states and entire societies. The novel circumstances which both nation states and the international community are facing induce reflection on the need of redefining the right to privacy. This paper aims to answer, whether the current situation will lead to lasting changes in the way privacy is now perceived in Europe and what threats may be associated with the possible changes.

Professional Secrecy of Lawyers as a Way to Protect the Private Sphere of an Individual

The private sphere of an individual is legally protected by the Constitution of the Republic of Poland of 1997 as well as civil, criminal and administrative law. The paper discusses the duty of confidentionality of lawyers and the role of that duty to protect the private sphere of an individual. The positive aspect of professional secrecy and the so-called internal aspect of the protection of professional secrecy of lawyers prompted the consideration of the horizontal effect of onstitutional norms. Likewise, the negative aspect of professional secrecy and its external perspective prompted the examination of the vertical effect of onstitutional norms that protect the private sphere of an individual.

Change in the Status and Powers of the Pool Watchers after the Enactment of the January 26, 2023 Amendments to the Election Code

The amendment to the Election Code made on 2023 significantly changed the status and powers of the pool watchers. If they observe the voting for at least 5 hours and observe the entire process of determining the results of voting until the signing of the voting protocol, they will receive 40% of the flat-rate allowance of members of ward electoral commissions. The chairmen of ward electoral commissions are obliged to keep records of the working time of the pool watchers. The most controversial issue is granting them the possibility of registering all activities of ward electoral commissions on election day using their own devices recording all activities of the ward electoral commission also during voting. This solution violates the principle of secrecy of voting, the right to privacy, and may be treated as an unacceptable form of pressure on the voter regarding the content of his vote.

Mandatory Vaccinations and the Right to Privacy. Outline of the Problem

The objective of this publication was to illustrate that the requirement for vaccinations does not infringe upon the right to privacy. The doctrine’s definition of this right’s scope and the case law resolving conflicts between the right to privacy and the vaccination obligation were examined for this purpose. It has been demonstrated that public authorities have a lengthy legal history of restricting the right to privacy in order to enforce vaccination requirements. In addition, the principles of proportionality, adequacy, and equitable balance that have been established in domestic and international case law were cited as criteria for determining whether it is lawful to restrict the right to privacy in favour of other rights. It was argued that the vaccination requirement is proportional and sufficient to achieve the intended objective of safeguarding public health.

Gloss to the Judgment of the European Court of Human Rights of 12 December 2023, Przybyszewska and Others v. Poland Application no. 11454/17 and 9 Others

The gloss deals with the December 12, 2023 judgment of the ECtHR. The Court subjected the case of Przybyszewska and others v. Poland to judgment as a result of complaints filed by monosexual couples demanding legal legalization of their relationships in Poland. The violations covered by the complaints included Poland’s violation of their right to private and family life, exemplified by its failure to provide legal recognition of their relationship, resulting in a failure to provide them with legal protection. The Strasbourg Court found that the lack of legal instruments to legalize same-sex relationships was a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The conclusion that there is an obligation on the part of the obliged state – a party to the Convention – to ensure adequate protection of private and family life for couples living in same-sex unions, deserves approval.

Brights and Shadows of Article 41 of the Code of Conduct Misdemeanour Cases in the Context of Article 31, Section 3 of the Constitution of the Republic of Poland

The text gives an analysis of the solutions concerning the examination of a witness in the course of misdemeanour proceedings. The two-pronged nature of these solutions is noted here. On the one hand, the provisions of the 2001 Act recapitulate a number of solutions applied in the criminal trial, i.e. originating from the 1997 Code of Criminal Procedure, while on the other hand they constitute solutions of their own. The latter are rules concerning, inter alia, the exemption of a witness from secrecy of classified information and secrecy connected with the function or profession performed. The publication notes the contradiction of Art. 41 § 3 and § 4 of the Code of Conduct Misdemeanour Cases with the constitutional benchmark of protection of the right to privacy and their incompatibility with the rules set out by Art. 31 sec. 3 of the Constitution of the Republic of Poland.

Respect for Constitutional and Convention Rights of Transgender Persons in the Reality of Polish Penitentiary Units

In the absence of official statistics, it is not possible to provide a reliable number of transgender individuals in Polish penitentiary units. However, one individual has filed a complaint with the Strasbourg Court. On July 11, 2024, the ECtHR issued a judgment in this case, ruling that her rights under Article 8 of the ECHR had been violated. Alongside the CPT’s recommendations for this particularly vulnerable group of prisoners, the issue presents a new challenge for national authorities, in the context of respecting the right to privacy and dignity. The CPT’s guidelines, as well as the need to implement the W.W. v. Poland judgment, should prompt changes increasing guarantees of respect for the constitutional and convention rights of transgender convicts. This article aims to present the key theses of the Strasbourg Court’s judgement, the content of the CPT’s recommendations, and proposals for future actions by state bodies in this area