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Privacy Protection and the Right to Information: In Search of a New Symbiosis in the Information Age

CYBERLAW, SECURITY & PRIVACY, S.M. Kierkegaard, eds., International Association of IT Lawyers, pp. 201-212, 2007

17 Pages Posted: 29 May 2008 Last revised: 1 Feb 2014

Pieter Kleve

affiliation not provided to SSRN

Richard V. De Mulder

Erasmus University Rotterdam (EUR) - Centre for Computers and Law

Abstract

The dichotomy between personal privacy and free access to information, which has come increasingly to the fore with the advance of information technology, justifies a reconsideration of these traditional values and interests. In this article, it is contended that privacy, as a constitutional right, is subject to changing norms as a result of the advent of the information society. In today's information society, citizens weigh the importance of protecting privacy against the advantages of free access to information. The criterion they use is a rational one: an evaluation of which option provides the individual with the most benefit. The protection of privacy is no longer an unconditional good. For state organisations to champion privacy at any cost is, therefore, out of step with this development. A new balance has to be established between the citizen's right to privacy and their right to know, taking into account this shift in values. In order to prevent on the one hand overzealous protection and, on the other, the abuse of information, it is necessary to set up the monitoring function in a new way.

Keywords: Information Society, Privacy, Internet Law

Suggested Citation

Kleve, Pieter and De Mulder, Richard V., Privacy Protection and the Right to Information: In Search of a New Symbiosis in the Information Age. CYBERLAW, SECURITY & PRIVACY, S.M. Kierkegaard, eds., International Association of IT Lawyers, pp. 201-212, 2007. Available at SSRN: https://ssrn.com/abstract=1138287

Pieter Kleve (Contact Author)

affiliation not provided to SSRN

Richard De Mulder

Erasmus University Rotterdam (EUR) - Centre for Computers and Law ( email )

P.O. Box 1738
3000 DR Rotterdam
Netherlands
31-10-4082194 (Phone)
31-10-4089191 (Fax)

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