5. Guidance and
vigilance in the fields of law and ethics
Contents:
Information technology changes little, if anything, concerning
the fundamental principles in the field of law and ethics to which,
it can be assumed, most Icelanders subscribe, such as the protection
of human rights and the right to privacy. On the other hand, new
technology and the increased flood of information raise the question
of how to ensure these rights
Legislation must be re-examined to be sure that it takes information
technology into consideration and, at the same time, places necessary
limitations on its use. Watch must be kept over values, such as
the sanctity of privacy and security, however, taking care not
to go too far to the point of over-protection. One might say that
two kinds of objectives were involved here: on one hand, the abolition
of unnecessary restrictions and, on the other hand, the protection
of privacy.
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| Legislation must be adapted to a changed environment, removing all unnecessary restrictions on the development and use of information technology so that it can be utilised as much as possible for people's prosperity.
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Some ways of implementing the objectives:
- All unnecessary legal hindrances to the utilisation of information
technology should be cleared systematically away.
- New laws should be passed in response to various issues raised
by information technology, for example, how to ensure copyright
when copies can no longer be distinguished from the original,
how import duties should be levied on digital information and
how it should be taxed, what the legal foundation is of companies
that engage in commerce world-wide by computer, perhaps not within
the jurisdiction of any state, and what requirements must be met
before a digital document is considered legal in commerce.
- Libel and criminal laws should be re-examined and laws enacted
on the freedom of expression and print that take new technology
in mass communication into consideration. Computer communications
also call for a reconsideration of legislation concerning telecommunications.
- Information technology can clearly be utilised to support
health services in improving citizens' health, as mentioned previously.
In formulating rules on the use of information technology in this
field, confidentiality and security of all information handling
and processing must be a prime consideration. Information must
be classified, and the confidentiality of the categories must
be defined. Information that may be put into digital form and
onto the network must be demarcated, and who may put what on the
network and who have access to it must be specified. Special rules
must be set concerning access by healthcare personnel to personal
information, and how the information may be processed.
- The practicality of digital identification cards should be
investigated along with the legal aspects of their confiscation.
Such cards can replace traditional, personal identification as
well as passports and drivers' licenses. Such cards, among other
things, could fulfil the role of ensuring equal access to information,
with regard to both the Government and the private sector.
- Large data banks linking various files concerning assets,
real-estate ownership, vehicle ownership, etc. call for a multifaceted
re-examination of laws. With respect to the protection of privacy,
various conditions can be placed on the distribution of information
from such a data bank.
- The legislature, as a matter-of-course, shall decide whether
to facilitate the use of governmental information, based on its
nature and the purpose to which it will be put.
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| The legislation on the protection of the person shall be adapted to the changed environment to ensure, as much as possible, the sanctity of privacy and the security of information.
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Some ways of implementing the objectives:
- As more information is stored in machine-readable form, it
will become less expensive to process and easier to misuse personal
information. A solution is needed to ensure protection of the
person as well as protection against the recording and distribution
of personal information without the relevant person's approval.
- A narrow framework must be set concerning the handling of
information concerning individual's private matters, such as skin
colour, race, political opinions, sex, health, finances, social
status, etc., while providing for normal, advantageous processing
of such information for the benefit of the individual and society
as a whole. An examination must be made of the extent to which
personal information may be used for a purpose other than the
one for which it was gathered in the first place.
- Care should also be taken that legislation protecting persons
not be too narrow. It must take technology into consideration
as well as the possibility of processing, communicating and transporting
personal information that can be considered sensitive. Legislation
must also leave leeway for such information's normal use and must
make it possible to work with and obtain such information without
a great deal of paperwork.
- The directive of the European Union concerning the protection
and transport of personal information must be examined. It has
a twofold objective, that is, to aim toward securer protection
of privacy and, at the same time, to try to ensure that this protection
does not impede the free flow of personal information between
member states. Although these objectives are, by nature, incompatible,
the directive attempts to achieve them by requiring very strict
legal and organisational standards for all handling of personal
information and makes it obligatory for all member states.
- Legislation protecting persons should take into account the
possible use of digital identification cards. Such cards can clearly
provide increased personal protection and security in communications
and commerce since they can be both a personal key for the relevant
individual to obtain information pertaining to him or her and
an assurance that such data will be illegible for any one other
than the correct recipient. On the other hand, this leaves a great
need for vigilance, considering that such cards can contain individuals'
life stories, providing a way to expose them completely.
Top of section
Ethics covers judgements of right and wrong, human virtues and
vices and rules concerning right and wrong conduct. The primary
objective of ethics is to harmonise interests of dissimilar individuals
and groups in a world of limited resources to promote the fortune
and happiness of the greatest number of people. The boundary between
laws and ethics and between ethics and propriety are often unclear.
However, ethics are often regarded as, in some way, having universal
value, that is, as applying to all people, regardless of time
and place, as opposed to laws which are set by people, relative
to time and place even though grounded in ethics. Ethical judgements
must be supported with reference to interests running deeper than
emotional reasons or an individual's tastes, which again distinguishes
ethics from matters of propriety. For example, if nudity or unseemly
language on television offends an individual's sense of decency,
it is only a matter of propriety; if, on the other hand, a claim
is made that the material directly injures the interests of some
group of viewers, for example, children, it becomes an ethical
issue.
In and of itself, information technology does not alter the main
values of ethics, values that depend on the nature of man and
society. On the other hand, like many new technologies throughout
history, it creates previously unknown possibilities requiring
ethical assessment. In such new circumstances, reference is often
made to John Stuart Mill's well-known rule of freedom, which is
sometimes worded thus: a person's freedom shall reach as far as
the next person's nose, that is, persons shall be free to do as
they choose unless their actions directly damage the interests
of another party. That dealings only hurt the person himself or
injure only the other person's sense of propriety is, thus, not
deemed to be a sufficient premise for ethical condemnation. Having
this rule as a guideline is sensible when considering ethical
rules of information technology.
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| The utilisation of information technology in Iceland should be made to harmonise in every way with ethical values and not damage the interests of individuals and groups.
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Some ways of implementing the objectives:
- Dissemination must be promoted of software and other defensive
weapons which people can use to restrict procurement and receipt
of material in digital form that clearly undermines the public
good (child pornography, propaganda promoting racism, terrorism
and violence, etc.). Iceland's active participation in international
collaboration in this field should also be promoted.
- An ethics committee should be established in Iceland which,
on its own initiative or that of others, addresses ethical issues
which are not covered under existing statutes and regulations.
The committee should urge occupational groups and institutions
which utilise information technology to set clear rules of use
and ethics for themselves and assist these parties in making them.
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