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become more damaging if communicated on the web rather than through
conventional channels.
The web is a powerful instrument to spread information but also a potentially
powerful instrument to communicate incorrect or inaccurate information. In the
words on one scholar: “information can now be regarded as a product which can
be measured quantitatively in terms of the time used to process it; it can be stored
almost indefinitely, thanks to the possibility of being able to reproduce it
constantly; it can be rendered in an exclusive form without others being able to
make use of it; and it can be transmitted to many places simultaneously” 2 .
Information is personal data. According to the definition of “Directive
95/46/EC of the European Parliament and of the Council of Europe, dated 24
October 1995 on the protection of individuals with regard to the processing of
personal data and on the free movement of such data”, if information refers to a
natural person it is personal data. Therefore, pursuant to art. 3, the above-
mentioned directive applies to processing of information.
One of the main principles of this Directive is that of the quality of information
stated in art. 6 and in “whereas” 25 and 28.
Article 6 of the Directive lays down the principles relating to the quality of data
in order to ensure its accuracy, completeness and relevance and it is not excessive
in relation to the purpose for which they are collected 3 . As pointed out by the
Economic and Social Commission of the European Union, the said principles are
the key criteria of data protection 4 . The legitimacy of the data is subject to
compliance with these criteria, representing the most important element for
protecting personal identity considered in its entirety. If it is true that only
accurate information provides a valuable instrument to protect fundamental rights,
it is also true that the requirement of completeness and updated collection of
information may be a valuable tool to prevent the creation and subsequent spread
of untrue, incomplete or outdated information, likely to create false opinions, to
2 Frosini (1995), p. 12.
3 “Member States shall provide that personal data must be:
(a) processed fairly and lawfully;
(b) collected for specified, explicit and legitimate purposes and not further processed in a
way incompatible with those purposes. Further processing of data for historical, statistical
or scientific purposes shall not be considered as incompatible provided that Member
States provide appropriate safeguards;
(c) adequate, relevant and not excessive in relation to the purposes for which they are
collected and/or further processed;
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to
ensure that data which are inaccurate or incomplete, having regard to the purposes for
which they were collected or for which they are further processed, are erased or rectified;
(e) kept in a form which permits identification of data subjects for no longer than
necessary for the purposes for which the data were collected or for which they are further
processed. Member States shall lay down appropriate safeguards for personal data stored
for longer periods for historical, statistical or scientific use.
(...)”. Bullesbach et al. (2010).
4 Kotschy (2010), p. 43.
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