I have been looking at a very interesting proposal from fellow Costarican Jaco Aizenman about something called “Virtual Rights”. The idea is to create a set of rights that apply to all citizens, who will have the right to have (or to choose not to have) a virtual personality. This right would be enshrined in a constitution, and therefore it would be considered a new fundamental right of personality.
There is a move to amend the Costa Rican Constitution with the following text:
“Every person has the right to have or not to have a virtual personality, where its presence, content and projection are regulated by themselves. It can not be used for discriminatory ends harming its bearer. The State will guarantee that the information included in the virtual personality has the adequate security and legality; with the exclusion of third parties not authorized that pretend to obtain it. The State could use the content of the citizen’s virtual personality, only with their previous authorization, and always if it is to their benefit and advantage.”
Very interesting. This article seems to lift data protection and information self-determination to a constitutional right, much in line with how habeas data did (and does) in many Latin American countries.