may not be satisfactory.37 Novel legal solutions may be necessary and communities
might require a “toolkit” of protections for intangible cultural heritage.
101. The legal environment for ICT must give both suppliers and customers’ confidence
to transact business. Without confidence in the legal framework (e.g. from
predictable industry regulation), operators will not invest in entering the market.
Without confidence in the legal framework (e.g. from effective consumer
protection and privacy laws), customers will not subscribe to services or enter into
transactions.
102. It is important that such laws must have the characteristics of:
Legal certainty, predictability;
Pro-competitive regulatory and legal settings; and
“Technological neutrality” (so far as that is feasible) but Technological
aptness first and foremost.
103. Extensive personal information about each of us is stored in electronic form, in our
own files, Government records, and records of the transactions we make, for
example. Privacy has different aspects. People often will be concerned to protect
the privacy of:
Individual persona – to exclude misuse of a person’s name, image,
identity, etc.
Data about a person – to exclude misuse of official or commercial
records about a person, such as his or her medical history, criminal
record, or spending habits.
Personal communications – to exclude monitoring or disclosure of a
person’s conversations, or email.
Anonymity – to have the ability to remain anonymous online (at least,
for lawful purposes).
104. The Government has roles to play in upholding citizens’ privacy, by enacting
privacy legislation; protecting the privacy of information that it holds and manages;
and by educating the public about safe online practices and privacy protections they
may use.
105. Data security requires the protection of data against destruction, or unauthorized
access or use. In some countries, data security laws require firms and government
agencies to protect the security of data, including by ensuring that: personal data is
accessible to the person it concerns; inaccuracies can be corrected by the person
37
Farah PD and Tremolada R “Desirability of Commodification of Intangible Cultural Heritage:
The Unsatisfying Role of Intellectual Property Rights” (2014) 11 Transnational Dispute
Management, Special Issue at 5.
Page | 37
Solomon Islands National ICT Policy