Diritto all’informazione, diritto d’autore, diritto alla privacy: né vincitori né vinti

Translated title of the contribution: [Autom. eng. transl.] Right to information, copyright, right to privacy: neither winners nor losers

Fernanda Faini

Research output: Contribution to journalArticlepeer-review

Abstract

In today’s society the individual can fulfil his needs also by means of bytes and performs many of his actions in the agora global network. The web offers many opportunities, but at the same time it reveals new problems and unknown dan188 gers to the individual. In the dynamic and interactive network, characterized by the sharing, ubiquity and immediacy, personal identity in its digital form knows a new vulnerability and may be the victim of decontextualization, fragmentations, violations and consequential damages. Digital identity and its new rights require adequate protection to the digital reality. Among the rights of the web, special attention must be given to the right to information and knowledge, the right to privacy and copyright, which are heavily invested in the evolution of the web and that often clash with each other. These conflicts call into question the right with the related need to establish the rules of the game. However, new problems arise in the regulation, since it is difficult to establish a hierarchy of rights with constitutional basis. There is, therefore, the use of solutions, which attach to an administrative authority or even to a private party (Google) the burden of managing the issues of conflict. It remains possible to resort to the courts, but these subjects assume a central role in practice and are carriers of more and sometimes worst contractions rights. It therefore seems necessary to ask a question: are these rights really at war with each other? Actually a place of synthesis exists and it is the person and its digital identity. Under this interpretation emerge the points of convergence and the common enemies, and we can take a new reflection and a consequent different regulation, adhering to the reality of bytes. Although it is difficult to attempt a solution to the problems inherent to the same digital life, the solution can be sought in a rethinking of the alleged conflict between the rights under the roof of the same “digital self” to be protected. No need to find neither winners nor losers.
Translated title of the contribution[Autom. eng. transl.] Right to information, copyright, right to privacy: neither winners nor losers
Original languageItalian
Pages (from-to)147-188
Number of pages42
JournalCIBERSPAZIO E DIRITTO
Volume15 n. 51, fasc. 2-3/2014
Publication statusPublished - 2014
Externally publishedYes

Keywords

  • diritto all'informazione
  • trasparenza
  • apertura
  • diritto d'autore
  • protezione dei dati personali
  • diritti digitali
  • identità digitale
  • autorità amministrative
  • bilanciamento

Fingerprint

Dive into the research topics of '[Autom. eng. transl.] Right to information, copyright, right to privacy: neither winners nor losers'. Together they form a unique fingerprint.

Cite this