Protecting Information Through Criminal Law
Chapter 4a: The content model: national security and trade secrets
AbstractThe two parts of the fourth chapter discuss the content model, under which it is the content that endows the information (the subject matter) with a subjective or objective importance that invests the interest holder with the right to prevent others from accessing the source of information, or to prevent the lawful but restricted holders of the information from revealing or using it without authorization. This group of provisions was also enacted in order to protect information and its sources. Under the content model the interest holder of the protected object can be an individual who protects his privacy or a legal body or even a state, as is the case when the information concerns national security or trade secrets. The chapter follows the trajectory of development within this model, from the protection of confidential information of value to the community to that of information that concerns mostly individuals. The chapter notes the different extent of protection against unauthorized exposure or use that each subcategory enjoys. Special attention is dedicated to personal information, and the imprint of the information era (Internet, social networks and the communication revolution) on the social development of privacy and the growth of data mining and profiling.
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