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The personal information sphere: An integral approach to privacy and related information and communication rights
Author(s) -
Eskens Sarah
Publication year - 2020
Publication title -
journal of the association for information science and technology
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.903
H-Index - 145
eISSN - 2330-1643
pISSN - 2330-1635
DOI - 10.1002/asi.24354
Subject(s) - personally identifiable information , personalization , internet privacy , confidentiality , european union , data protection act 1998 , context (archaeology) , right to privacy , information privacy law , information privacy , general data protection regulation , privacy by design , fundamental rights , meaning (existential) , privacy policy , computer science , business , law , political science , computer security , human rights , world wide web , psychology , paleontology , biology , psychotherapist , economic policy
Data protection laws, including the European Union General Data Protection Regulation, regulate aspects of online personalization. However, the data protection lens is too narrow to analyze personalization. To define conditions for personalization, we should understand data protection in its larger fundamental rights context, starting with the closely connected right to privacy. If the right to privacy is considered along with other European fundamental rights that protect information and communication flows, namely, communications confidentiality; the right to receive information; and freedom of expression, opinion, and thought, these rights are observed to enable what I call a “personal information sphere” for each person. This notion highlights how privacy interferences affect other fundamental rights. The personal information sphere is grounded in European case law and is thus not just an academic affair. The essence of the personal information sphere is control, yet with a different meaning than mere control as guaranteed by data protection law. The personal information sphere is about people controlling how they situate themselves in information and communication networks. It follows that, to respect privacy and related rights, online personalization providers should actively involve users in the personalization process and enable them to use personalization for personal goals.