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The New Balancing Between Openness and Transparency with Data Protection and Privacy in the Nordics

15 vuotta viestintäoikeutta – Viestintäoikeuden vuosikirja 2017 s. 153–176
9.1.2019
Asiantuntija-artikkeli

Governance in the Nordic Countries has for long been based on openness and transparency. A key question going forward is whether the Nordic openness and transparency will become more limited due to both a changing legal regime with the European data protection law, and with some contemporary security changes and challenges in the operating environment. This paper looks at this question from four different angles: governance, freedom of the press, data protection and privacy, and finally security. The paper concludes that in terms of governance, digitalization can bring efficiencies, but also increase risks, wherefore the issue of good data management will be key going forward. As to data protection and privacy as well as security, these come as a “boundary setter”, increasingly also redefining the traditional Nordic principles of openness and transparency. As all these rights are framed broadly, they can allow for different interpretations at national level too. To that, the role of case law remains significant, since neither of these rights are absolute. Also, as digitalization pursues, also new vulnerabilities in open regimes can emerge which will need to be taken seriously into account too. These can lead to limiting openness and transparency in a traditional sense. (Edilex-toimitus)

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