A series of Media Law Workshop: Privacy, Online and Offline, and Digital Rights held
2017/02/12
Digital rights, data protection, surveillance and privacy came under the spotlight in February 2015, at a media law workshop held in Ulaanbaatar. The third annual training session, initated and supported by the Deutsche Welle Akademie, was facilitated by visiting Canadian Executive Director of the Centre for Law and Democracy, Toby Mendel.
The event brought together three experts and 21 participants, including lawyers, judges, prosecutors and media professionals from around Mongolia, to discuss issues of privacy and freedom of expression in an increasingly digital world.
International standards on privacy, freedom of expression, self-regulation, data protection, the right to information, security and surveillance are all emerging issues in Mongolia - and without data protection and information security laws, the relationship between them is complex.
The first two sessions centred on international standards for privacy, and Civil Court Judge, Munkhburen Dash, addressed privacy laws. She explained that while privacy is an ancient right, personal data protection is new and founded on the idea that as authorities and corporations collect more personal information we need better control over the way it’s used.
“In Mongolia there is no data protection law, only an access to information law. The overseeing body is the Human Rights Commission, but privacy and data protection are not mentioned in human right instruments. So if the government wants to know how much money Mongolians spend on mobile phones, they go to a telephone company and request the data as a public benefit.”
Facilitator, Toby Mendel, added: “The online world has completely changed our definition of privacy. Thousands of years ago in Mongolia, instead of using money, people would trade things. These days we are trading our privacy - we give entitiies like facebook our privacy and they provide a service to us. But this is not a fair trade. Most people don’t understand what the terms of the deal are and that their personal information is being collected and sold.“
“If facebook wants to operate in Mongolia, they should have to publish their privacy rules in Mongolian, otherwise it is not fair consent. Those terms of service should be written in clear language that even kids can understand.“
“New technologies are collecting, storing and processing a mass of information. Mobile phones have inbuilt GPS, and this one device knows who you are talking to, where you are going - and probably also knows, what you are buying. Information is collected and accumulated everywhere. And it can be processed in completely new and powerful ways. From a human rights and a privacy point of view, it all looks very threatening, Mr Mendel explained.”
The Media Council’s Deputy Board Head, Tamir Ukhnaa, addressed the issues of ‘Privacy and Self-Regulation in Mongolia.’ She put forward that: “The role of the media is to serve public interest and to be a platform for free expression. In playing this role media collects, processes and distributes certain information and in this process, privacy in some way, is being affected.”
“In the last few years, digital and online media have rapidly developed. Moreover, social media has developed, and people post and share different types of information. Nobody knows whether this information is true or false. In this case, journalists need to be more professional and in Mongolia, the Code of Ethics of Professional Journalism should be strictly followed.”
“Regarding self-regulation, now we’ve been operating for two years our activities have been well established. Our motto and goal are: “Be responsible for what we publish. Distribute true information based on real facts and indicate professionalism.” Self-regulation serves not only journalists, but it is also serves the public and defends their interest.”
Head of the Center against Cyber Attack Mr. Khaltar Togtuun, led the session, ‘Personal Information and Security in a Digital World.‘ He explained that freedom of expression, right to free speech and the right to publish are guaranteed by the UDHR and the Constitution. Internet and online freedoms are also guaranteed by these mechanisms.
“With the increasing free flow of information, there is a need and requirements to protect rights, regulate and limit them appropriately. The Government has every right to use your information for different purposes and invade your privacy if for example they need to investigate a serious crime.”
“It’s important to find a balance. Data loss could bring damage to reputation, damage to operation and financial damage as well when people fall victim to cyber-crime.“
“Freedom of expression applies to the Internet like it does every other form of communication. But if access to the Internet is itself a part of freedom of expression, can you fully exercise your right to freedom of expression without it?”
While the world needs a long-term plan to increase access to the Internet and determine how to regulate it, there are enormous challenges. It is telephone, post office, newspaper, radio and television rolled up in one.
Every single user can publish hate speech, breach copyright, defame someone or invade another’s privacy. That’s its power. And from a regulatory perspective, it’s a massive challenge. Who is liable for illegal content? How do you control it? These are just some of the complex questions experts and workshop participants attempted to find answers to.
The event brought together three experts and 21 participants, including lawyers, judges, prosecutors and media professionals from around Mongolia, to discuss issues of privacy and freedom of expression in an increasingly digital world.
International standards on privacy, freedom of expression, self-regulation, data protection, the right to information, security and surveillance are all emerging issues in Mongolia - and without data protection and information security laws, the relationship between them is complex.
The first two sessions centred on international standards for privacy, and Civil Court Judge, Munkhburen Dash, addressed privacy laws. She explained that while privacy is an ancient right, personal data protection is new and founded on the idea that as authorities and corporations collect more personal information we need better control over the way it’s used.
“In Mongolia there is no data protection law, only an access to information law. The overseeing body is the Human Rights Commission, but privacy and data protection are not mentioned in human right instruments. So if the government wants to know how much money Mongolians spend on mobile phones, they go to a telephone company and request the data as a public benefit.”
Facilitator, Toby Mendel, added: “The online world has completely changed our definition of privacy. Thousands of years ago in Mongolia, instead of using money, people would trade things. These days we are trading our privacy - we give entitiies like facebook our privacy and they provide a service to us. But this is not a fair trade. Most people don’t understand what the terms of the deal are and that their personal information is being collected and sold.“
“If facebook wants to operate in Mongolia, they should have to publish their privacy rules in Mongolian, otherwise it is not fair consent. Those terms of service should be written in clear language that even kids can understand.“
“New technologies are collecting, storing and processing a mass of information. Mobile phones have inbuilt GPS, and this one device knows who you are talking to, where you are going - and probably also knows, what you are buying. Information is collected and accumulated everywhere. And it can be processed in completely new and powerful ways. From a human rights and a privacy point of view, it all looks very threatening, Mr Mendel explained.”
The Media Council’s Deputy Board Head, Tamir Ukhnaa, addressed the issues of ‘Privacy and Self-Regulation in Mongolia.’ She put forward that: “The role of the media is to serve public interest and to be a platform for free expression. In playing this role media collects, processes and distributes certain information and in this process, privacy in some way, is being affected.”
“In the last few years, digital and online media have rapidly developed. Moreover, social media has developed, and people post and share different types of information. Nobody knows whether this information is true or false. In this case, journalists need to be more professional and in Mongolia, the Code of Ethics of Professional Journalism should be strictly followed.”
“Regarding self-regulation, now we’ve been operating for two years our activities have been well established. Our motto and goal are: “Be responsible for what we publish. Distribute true information based on real facts and indicate professionalism.” Self-regulation serves not only journalists, but it is also serves the public and defends their interest.”
Head of the Center against Cyber Attack Mr. Khaltar Togtuun, led the session, ‘Personal Information and Security in a Digital World.‘ He explained that freedom of expression, right to free speech and the right to publish are guaranteed by the UDHR and the Constitution. Internet and online freedoms are also guaranteed by these mechanisms.
“With the increasing free flow of information, there is a need and requirements to protect rights, regulate and limit them appropriately. The Government has every right to use your information for different purposes and invade your privacy if for example they need to investigate a serious crime.”
“It’s important to find a balance. Data loss could bring damage to reputation, damage to operation and financial damage as well when people fall victim to cyber-crime.“
“Freedom of expression applies to the Internet like it does every other form of communication. But if access to the Internet is itself a part of freedom of expression, can you fully exercise your right to freedom of expression without it?”
While the world needs a long-term plan to increase access to the Internet and determine how to regulate it, there are enormous challenges. It is telephone, post office, newspaper, radio and television rolled up in one.
Every single user can publish hate speech, breach copyright, defame someone or invade another’s privacy. That’s its power. And from a regulatory perspective, it’s a massive challenge. Who is liable for illegal content? How do you control it? These are just some of the complex questions experts and workshop participants attempted to find answers to.