Quality of Information, the Right to Oblivion and Digital Reputation - Discrimination and Privacy in the Information Society - page 281

16.2 The Quality of Information as an Instrument to Guarantee
Certain Fundamental Rights
As stated above, the creation of a particular social identity may result from data
collection 12 . For this reason it is necessary to ensure the quality of information and
in this way to guarantee the right of self-determination.
Therefore the quality of information is the focal point of identity protection, when
accounting for all of its components. Dignity, reputation, privacy and data protection
are influenced by the quality of information. Only information which is qualitatively
correct provides a faithful representation of the data subject. And only information
having the above-mentioned features, can be defined as true. Information is true
when it accurately reflects the image of the data subject. Information is correct when
it is complete and up to date, as will be discussed in the next paragraph.
The notion of personal identity is closely linked to the protection of personal
data. It is a fact that the interactive nature of the net inevitably affects the quality
of the information found on it, with unavoidable repercussions on everyone's right
to protect their own personal data. Requiring that the processed information is
correct, complete and truthful constitutes a specific right of the person to whom
the information refers, also protected by Directive 95/46/EC. Incomplete or
simply incorrect information can have negative repercussions on the social image
of the entire individual.
It is therefore essential that the related databases be complete, updated and
correct. Thus, only the collection of information having these characteristics, in
addition to guarantee the fundamental rights of individuals whose information is
being processed, can also avoid false representation of their social image.
16.2.1 A New Fundamental Right: The Digital Reputation
If the quality of information guarantees certain fundamental rights, it is
particularly true with regard to a specific new fundamental right; namely the right
to a digital reputation. What is a digital reputation?
A reputation is traditionally understood as social esteem enjoyed by persons in
the community where they live or work. Reputation is generally only considered in a
conflict with freedom of expression in defamation cases 13 . Reputation however has
the same importance as the other components of an individual's personality. All
individuals have a reputation, whether it is good or bad, and have the right not to be
subjected to unlawful attacks on their reputation 14 . “Reputation can be a key
dimension of our self, something that affects the very core of our identity ” 15 .
On the net, this essential component of our individual personality acquires
features other than those traditionally assigned to it in the physical world. This is
due to the particular characteristics that the creation and circulation of information
12 Davis (2009).
13 Solove and Rotenberg (2003), p. 136.
14 Zeno-Zencovich (1995), 2, p. 90.
15 Solove (2007), p. 30.