Remote justice: information rights as a tool of empowerment

Abstract

The coronavirus pandemic has resulted in a compulsory retreat from public spaces. While, for some, this displacement has brought about engagement with digital technologies in new and interesting ways, for others, digital technologies have proved to be the site of technology-facilitated abuse (TFA). Consequently, there are renewed calls for regulation of TFA, with a great deal of this discussion focussing on the design and enforcement of criminal law. However, the scope of behaviour perpetrated with, or through, digital technologies is much broader and demands a range of responses that offer access to justice. This paper argues information rights offer significant potential to enable victims/survivors to gain control over personal information, feel empowered, and improve their mental health and wellbeing. First, it defines information rights and how they are accessed from an EU perspective. Second, it addresses the relationship between legal rights and empowerment in this context. It reflects on if, and how, information rights have been used within the UK specifically, to provide reflections on harnessing their potential. And lastly, explores the viability of advocacy in this area.