Jusletter IT

In the modern Network Society we – every one of us – are increasingly dependent on access to networks, the information they contain and the services they offer. We can safely say that we live and work in a digital environment. Society has definitely changed. Accordingly, I prefer to speak of the Network Society, not the Information Society or Cyber Society.
As well, we are witnessing the rise of a new type of state, the constitutional state. It is a state in which human rights and constitutional rights are given increasing importance. Accordingly, I prefer to speak of the constitutional state, not a state governed by the rule of law.
These significant changes play an important role when thinking about how we can get access to and process information. It is time to discuss the principles of information law seriously. Old dichotomies such as public/private or secret/open with reference to information often serve us poorly today.
My article takes a brief look at the relations between openness, personal data protection and journalistic freedom. The leading case is this area is Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland, heard before the European Court of Human Rights. In its judgment, the Court discusses legal tensions between data protection, journalism and the public data business.