|
|
Open Data, Open Source and Law
Končitý, Patrik ; Míšek, Jakub (referee) ; Myška, Matěj (advisor)
This bachelor thesis is focused on the area of open data and open source software. The practical output is the creation of an application that will be distributed under an open source license and will use open data. The theoretical part of the thesis describes the juristical aspects that arise when the programme is created, and also is here explained czech and european legislation. It also describes here the term of free and open source software, types of authorship, author's rights or special rights of the database maker. In the next passage, we will speak about the licence and then the public license under which the application will be distributed is described. Next is a chapter, which dealing with specific problems related to copyright protection. The second part of the theoretical work addresses open data. First is clarified this term and then EU and Czech legislation is listed, which is linked to open data. Then attention is focused on data openness formats and ways of providing open data. Finally, specific problems that may arise when using open data are listed. The next part of the bachelor thesis deals with practical output, an android application that meets the definition of free and open source software. Data analysis is performed here first. After The analysis is here chapter of the selection of a suitable data set and then the conditions for the use of data sets are analyzed. In next chapters, the technical side of things is already more addressed. A choice of platform, language and development environment is described, which public license we choose for distribution and a platform and where will be the distributed the application. The app functionality chapter describes the intended functionality and structure of the app. The last chapter describes the application solution itself. The principle of main parts for the application, such as creating tables, chart or implementing quiz, is described here.
|
|
|
Right to information of business corporations
Novotný, Jan ; Korbel, František (advisor) ; Rajchl, Jiří (referee)
Right to information of corporations The master thesis is focused on corporations as liable subjects to the right to information. The thesis also deals with a conflict of constitutional laws during the proces of requesting the information from corporations. There is a dynamic development of constitutional right to information from year 2000 on in the Czech Republic. A brief Right to Information Act and not so many amendments made it possible to complete the information law by using extensive judicature. The amount of case law in that field of law is unusual in continental law system. However, the judicature of a few last months indicates that extensive interpretation of the right to information already reached its height and further extension of information law stopped for some time. In some cases we witness even the limitation of information rights. Nevertheless the right to information of corporations is still a very turbulent field of law with its unresolved constitutional conflict. Many kinds of informations still stay behind the curtain, out of a public surveillance. Thus the main premise of this thesis is a dominance of the right to information over other constitutional rights in cases of corporations owned solely by public authorities whether directly or through other public or private...
|
|
|
Conflict of right to information and privacy
Hodina, Martin ; Pítrová, Lenka (advisor) ; Svoboda, Petr (referee)
Conflict of right to information and privacy - Abstract The presented rigorous thesis concerns with the potential conflict and mutual interaction of both mentioned basic human rights based on the application of The Freedom of Information Act. The Author gained experience in this branch thanks to his work as a lawyer in the department of legislation and internal affairs of South Bohemian Regional Authority. The argumentation in this thesis combines both the point of view of the public servant of a public authority as well as the appeal authority. There is no doubt that the right to information is a necessity for any modern society or rather modern state. Right to information provides any person, not only the citizens, a great instrument to gain a general information of a wide scale hold by the public sector. This instrument is currently very efficient and ensures among other instruments a greater transparency of the public sector. The dark side of this right is the negative influence for the affected persons, those may be restricted in their rights, especially the right to privacy. This affection is especially significant in the issue of the public means recipients. The presented thesis is divided into three parts. The theoretical treatise, which is performed in the first part, could be summarized in the...
|
|
|
Re-use of public sector information
Gaertner, Petr Josef ; Korbel, František (advisor) ; Millerová, Ivana (referee)
69 The re-use of public-sector information This thesis considers the re-use of public-sector information in the context of freedom of information. The thesis describes the following: a) the implications of freedom of information (transparency of public administration, involvement of citizens in public affairs, fight against information poverty, protection of the environment or the fight against corruption); b) the implications of the re-use of public-sector information (from an economic and social view); c) principle of publicity and principle of confidentiality (their application in democratic and nondemocratic regimes); d) the evolution of freedom of information legislation (inspiration in China, origin in Sweden, transposition into international law, influence of the United States of America, examples of modern information regulations and the right to information in European Union law); e) freedom of information in international law (The Universal Declaration of Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the Recommendation of the Committee of Ministers of the Council of Europe No. R (81) 19 on the access to information held by public authorities, Úmluva Rady Evropy o přístupu k úředním...
|
|
|
Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
|
|
|
The right to be forgotten on the internet
Jůzová, Jana ; Papík, Richard (advisor) ; Šlerka, Josef (referee)
Diploma thesis The Right to be Forgotten on the Internet applies to the functions of Internet search engines, search algorithms and the impact of the digital footprint that on the Internet user essentially leaves. With this issue is, on the one hand, inseparably linked the protection of personal data in the online environment, on the other hand the constitutionally enshrined right to information and other fundamental rights. Not ignored should be also the risk of censorship of the Internet. An application of the right to be forgotten adds a whole new dimension to this problems. The right to be forgotten is inferred from the judgment of the European Court of Justice on 13 May 2014 in the case Costeja versus Google Spain, where an Internet user named Mario Costeja Gonzáles first succeeded with a request of removal of unflattering information about himself from results of the search engine Google. Thus a reform precedent will have a big impact on seeking information on the Internet in the future, since the pronouncement of the judgment about the removal of his personal data may ask any European Internet user. The thesis aims to analyze the issue of right to be forgotten in the context of searching for information on the Internet in the European Internet environment - it means not to be searched on the...
|
|
|
The Right to Information on the Environment in the Context of Freedom of Information
Pochobradská, Veronika ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The thesis describes an issue of the constitutionally guaranteed right to information on the environment. The aim is to provide an overview of an effective international and especially national legislation, compare both fundamental acts on information and highlight the insufficiency of the Czech regulation. Apart from the introduction and conclusion thesis contains four chapters. Preliminary presentation of fundamentals and principles of the legislation is followed by summary of sources of law. Attention is given to Aarhus Convention and two acts on information. Following chapters deal with the effective legislation and determine differences in the providing general information and environmental information. An overview of selected judicial decisions is included before final chapter. Particular attention is paid to the obligations arising under the Aarhus Convention and its implementation into legislation. Mentioned are main drawbacks of the regulation and related difficulties in application of law; possible legislation de lege ferenda is outlined as well.
|
|
|
Right to obtaining information on salaries and bonuses of employees in public administration bodies
Kilian, Vojtěch ; Korbel, František (advisor) ; Pítrová, Lenka (referee)
Title of the Thesis: Freedom of information rights to obtaining information on salaries and bonuses of employees in public administration bodies This thesis aims to analyse the theoretical framework of the freedom of information laws in the Czech republic, with a particular focus on obtaining information about salaries, wages, and benefits of public administration employees, and its subsequent comparison with the practice. The goal of this thesis is not only to summarise the development of jurisprudence concerning the freedom of information laws up to this day, which will be dealt with in chapter II, as well as in the relevant parts of chapter III.1 and 2 respectively, dealing with the right to privacy and information self-determination. More importantly, this thesis aims to offer a possible solution to the conflict between, on the one hand, the right to obtain relevant information pursuant to the freedom of information laws, and, on the other hand, the right to privacy and information self-determination, using the proportionality test described in chapter III.4. In doing so, this thesis offers a framework that has not yet been used in the relevant literature. Following a short summary, the thesis introduces the sources of the freedom of information laws relevant to the Czech legal system in order...
|
|
|
Publication of salaries in administration
Kračmar, Jiří ; Korbel, František (advisor) ; Handrlica, Jakub (referee)
Disclosure of salaries of public authority employee - abstract This thesis is concerned with the issues of legal interpretation of key provision of Act No. 106/1999 Coll. on free access to information relating to disclosure of salaries of public authority employee. The thesis introduction is focused on the constitutional aspects of the right to information and the right to privacy. It is also focused on the collision of these two fundamental rights. The following chapter examines the disclosure of salaries of public authority employee regulation and discovers and expounds the intended meaning of this regulation by the principles and rules of standard methods of interpretation, especially lingual interpretation, systematical interpretation, historical interpretation and teleological interpretation. This chapter provides the lingual meaning of key provision of Act No. 106/1999 Coll. on free access to information, presents brief look at relationship between the disclosure of salaries of public authority employee regulation and other norms and legal acts of the European Union and finally finds the content, sense and purpose of the regulation from both subjective (historical) and objective (teleological) point of view. This chapter also deals with case law analysis. The focal discussion point of this thesis is...
|
|
|
The right to information
Strava, Ondřej ; Korbel, František (advisor) ; Millerová, Ivana (referee)
The text deals with the question of defining what exactly right to information is. As the public debate concerning different institutes of the right to information and transparency goes on intensively and extensively in the Czech republic as well as worldwide, it has become the aim of the author to search for the roots of the right, of both its restrictive and extensive scope and its guiding principles. Such a research should be useful for the interpretation and the aplication of the relevant law and serve as a guide for the proper understanding of the rights' social and legal importance. The first part of the text after the introduction describes the term of the right to information, it's evolution in history, philosophical, political and legal basis and contemporary meaning. The following chapter concerns itself with the material sources of the right, i. e. the reason and meaning of the existence of the right. It explains the rights' commonly recognized width and depth and its liberal and conservative tendencies reaching from the current events into the even more informational based future. The conflict of the right with the other interests of modern society is covered and the different formal sources of the right are listed demonstratively. The third chapter examines the universally acknowledged...
|
guest ::
