Francesca Vella reports:
The government has presented a White Paper proposing the inclusion of digital rights in the Constitution as a means of introducing new rights to internet access, accessing information online, online freedom of expression, and the right to informational self-determination
On the right to privacy, the White Paper refers to the introduction of a specific digital civil right to informational self-determination, which would remove any perceived doubts that the state would become a ‘Big Brother’ through online monitoring of its citizens’ participation in the information society.
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The introduction of a specific digital civil right to informational self-determination would remove any perceived doubts that the State would become a Big Brother through online monitoring of its citizens’ participation in the information society.
A new digital right must confirm that the right to privacy refers both to: a) directly personally identifying information as well as to b) indirectly personally identifying information (such as cookies, users’ online behaviour and site visiting patterns).
Amongst others, Internet privacy involves the right to decide how personal information is being processed, stored, communicated and transmitted over the Internet by third parties including private entities as well as governments.
It is proposed that:
(i) The State should recognise, promote and safeguard a citizen’s right to Informational Self-Determination and Privacy, that is, the right of an individual to decide what information about himself should be communicated to others and under what circumstances, through any media, including on the Internet, regardless of frontiers.
(i) The State should undertake not to introduce restrictions which would hinder the right to Informational Self-Determination and Privacy and which are unjustifiable or unnecessary in a democratic society.