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updates their own data
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. By means of this integration the data subject obtains the
adaption of the data to their own personality. In particular, through the addition of
new data, the collection of data mirrors the data subject and reflects their identity.
Likewise, through the update of information the data subjects obtain the image
resulting from the collection of data is exhaustive, so to ensure a faithful
representation of their identity.
Through the recognition of these rights, the broader right of data protection is
understood as to be a form of informational self-determination and the data
subjects can exercise an effective control over their social image
9
.
The quality of information will have increasing future importance. The work to
amend Directive 95/46/EC seems to be heading in this direction. As stated in the
“Communication from the Commission to the European Parliament, the Council,
the Economic and Social Committee and the Committee of the Regions. A
comprehensive approach on personal data protection in the European Union”:
“Article 8(2) of the Charter states that 'everyone has the right of access to data
which has been collected concerning him or her, and the right to have it
rectified'
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. Individuals should always be able to access, rectify, delete or block
their data, unless there are legitimate reasons, provided by law, for preventing this.
These rights already exist in the current legal framework. However, the way in
which these rights can be exercised is not harmonized, and therefore exercising
them is currently easier in some Member States than in others. Moreover, this has
become particularly challenging in the online environment, where data are often
retained without the consent of the person concerned.
The example of online social networking is particularly relevant here, as it
presents significant challenges to the individual's effective control over his/her
personal data. The Commission has received various queries from individuals who
have not always been able to retrieve personal data from online service providers,
such as their pictures, and who have therefore been impeded in exercising their
rights of access, rectification and deletion. Such rights should therefore be made
more explicit, clarified and possibly strengthened”
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.
8
Art. 7 of the Legislative Degree no. 196/2003: see Finocchiaro (2005), p. 285.
9
According to art. 1: “Everyone has the right to protection of the personal data concerning
them”. By protecting personal data we protect the individuals and their self-determination.
Under this perspective, privacy should not be seen -negatively- as a mere form of
preclusion, of isolation, but -positively- as a choice on the modalities of participation, a mix
of intimacy and involvement, left to individual decision. The rationale here seems to be the
following: given that personal data “tell” the connections between the person and the outer
world, and in particular reveal the wide range of feelings, activities, personal choices of an
individual, it can be assumed that to have control over one's engagement in the world
requires having control over one's own personal data.
10
Charter of Fundamental Rights of the European Union (2000/C 364/01).
http://www.europarl.europa.eu/charter/default_en.htm.
11
Communication from the Commission to the European Parliament, the Council, the
Economic and Social Committee and the Committee of the Regions. A comprehensive
approach on personal data protection in the European Union, 4 November 2010.
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=
EN&type_doc=COMfinal&an_doc=2010&nu_doc=0609.
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