PAe - the government of Spain adopts the charter of Digital Rights
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The government of Spain adopts the charter of Digital Rights

15 july 2021

The charter of Digital Rights provides a framework in order to guarantee the rights of citizens in the new digital reality.

The Government of spain had adopted the charter of Rights. Without having a regulatory nature, this Restaurant offers a framework to guarantee the rights of citizenship in the new digital reality and aims to acknowledge the challenges posed by the adaptation of existing rights to digital and virtual environment.

The text contains a set of principles and rights to guide future policy projects and development of public policies so as to ensure the protection of the individual and collective rights in the new digital scenarios. Fixed, therefore, the principles on which to build the safeguarding of fundamental rights in the digital scene.

The objective of the charter is descriptive, forward-looking and assertive. Describes the contexts and digital scenarios that give rise to new conflicts and situations that must be resolved; by anticipating prospective future scenarios that may already be predicted; and because revalida assertive and legitimizes the principles, technologies and policies that should be applied in environments and digital spaces present and future.

In addition, the charter of Digital Rights aims to strengthen the rights of citizenship, build certainty to society in the new digital reality and increasing confidence of all persons before the changes and disrupciones triggering new technologies.

Digital transformation humanist

With the issuance of the charter of Digital Rights, spain is moving in the promotion of a humanist digital transformation that seeks to continue to place our country a international leadership position in the protection of the rights of citizenship and actively contribute to the various initiatives and debates are taking at european level and global levels.

It consolidates its leadership of Spain in the development of a digital society free, open and inclusive, defining a “ fair play ” for common development and coexistence in the new digital reality, and ensuring the social character of the technological change.

Indeed, the charter of Digital Rights is based on the progress already made in Spain for the recognition of the digital rights, including title X of the organic law 3/2018, of 5 december on Personal data protection and guarantee of the digital rights and the recently adopted Royal Decreto-ley 28/2020, of 22 september, of teleworking.

With the adoption of the charter, spain is submitted pursuant to one of the milestones set out in the Recovery Plan, transformation and Resilience for the second half of 2021. The Charter is also one of the ten objectives set forth in the agenda Spain Digital 2025 .

Rights adapted to the digital reality

This Letter seeks to update existing rights and recognized in legislation, such as the declaration of human rights or the spanish constitution, and adapt to changing circumstances of the digital reality.

Concerning rights of freedom the text includes the right to identity of the digital environment, to the protection of data, pseudonimato, the right not to be located and, by integrating the right to security, or the right to inheritance.

With regard to the equal rights the charter provides for the right to equality and non-discrimination in the digital environment, the right to access the Internet and the right to universal accessibility in the digital environment.

The text also promotes protection of minors in the digital environment for parents or guardians to ensure that minors balanced use of digital environments, ensure the proper development of their personality and preserve their dignity; also promotes capacity of access to all the groups and the promotion of public policies eliminate gaps in access to the digital environment .

The right to net neutrality, freely to receive truthful information, the right to participation by digital media and the right to education digital are other developments of the text in the section rights of participation and formation of public space .

In the Employment the Letter, digital rights relates to the right to digital disconnection, rest and the reconciliation of personal and family life, the impact assessment in the use of the algorithms or the development of best conditions for the creation of spaces of controlled trials (sandbox).

In connection with the rights in specific settings include highly novel content and pioneers. It Is the case the rights to the artificial intelligence. The text reflects the IA must ensure that a people-centred approach and its inalienable dignity and that in the development of artificial intelligence systems should ensure the right to non-discrimination. It also includes the digital neurotecnologías employment to, inter alia, to ensure that each staff on their own identity, to ensure confidentiality and to ensure that the decisions and processes that are based on these technologies are not determined by the provision of data.

In the field of security includes rights such as the administrative guardianship and the judiciary in digital environments.

Participatory process

The development of the charter of Digital Rights has followed a participatory process, with contributions from experts in the field and associations for the protection of basic rights and citizenship, together with the contribution of the private sector, service providers, and public sector competencialmente affected.

In particular, most of the constitution of the milestones The group of experts in digital rights or the conduct of two public consultations which received more than 250 contributions.

Digital rights letter (PDF) (Opens in new window)

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