The Spanish Government has published details of a Charter of Digital Rights for public consultation.
Comments can be made by email to [email protected] until the 4th December 2020.
The rights included in the draft are:
- Guarantee of rights and freedoms in the digital world:
All people have identical rights in the digital and analogue world, without prejudice to the limitations or specifications that, in accordance with the Constitution and the laws, may be established in particular the ambiguities of each transaction.
- Right to data protection:
Everyone has the right to the protection of personal data that concerns them. They also have the right to access the data about them and to obtain its correction.
- Right of Identity in the digital environment:
The right to a person’s identity in the digital environment is recognised
- Right to the pseudo anonymity.
- Right not to be located and profiled.
- Right to digital security.
- Right to digital inheritance:
The right to digital inheritance of all assets and rights owned by the deceased person in the digital environment is recognized.
- Right to equality and non-discrimination in the digital environment.
- Protection of minors in the digital environment:
Parents, guardians, or legal representatives will ensure that minors make a balanced and responsible use of the devices, digital environments and services of the digital world in order to guarantee the adequate development of their personality and preserve their dignity and fundamental rights.
- Protection of persons with disabilities in the digital environment:
Accessibility of digital environments for people with disabilities will be guaranteed both from a technological point of view and with respect to its content.
- Protection of the elderly in the digital environment
- Right to neutrality.
- Freedom of Expression and Freedom of Information:
Everyone has the right to freedom of expression and information in digital environments in the terms provided by the Constitution.
- Right to political participation in digital media
- Right to digital education
- Digital rights of citizens in their relations with the Administration.
- Rights in the workplace environment.
- The company in the digital environment
- Right of access to data for scientific research, innovation and development purposes.
- Right to the protection of health in the digital environment.
- Freedom of creation and right of access to culture in the digital environment.
- Rights before artificial intelligence:
In the development and life cycle of Artificial Intelligence systems:
a. Any algorithmic discrimination whatever its origin or cause is prohibited.
b. Transparency, auditability, explicability and traceability will be ensured.
c. Accessibility, usability and reliability must be guaranteed.
In addition, people have the right not to be the subject of a decision based solely on automated decision processes, which produce legal effects or significantly affect them in a particular way, except in the cases provided for in Law. In such cases, the rights to:
i) request human supervision and intervention.
ii) to challenge automated or algorithmic decisions
23 Digital rights in the field of neurotechnology.
24 Guarantee of rights in digital environments:
Without prejudice to the provisions of the specific sector legislation, everyone has the right to administrative and judicial protection of their rights in digital environments.
With this draft, Spain wants to continue in a vanguard position in the protection of citizenship rights and transfer the fundamental rights and freedoms recognized in our Constitution, in the Universal Declaration of Human Rights, the Charter of Rights of the European Union, the international treaties and other agreements to the digital world, in addition to including the new aspects that have emerged in recent years in the technological field, such as those related to artificial intelligence.
With this draft, Spain wants to continue in a vanguard position in the protection of citizenship rights and transfer the fundamental rights and freedoms recognized in our Constitution, in the Universal Declaration of Human Rights, the Charter of Rights of the European Union, the international treaties and other agreements to the digital world, in addition to including the new aspects that have emerged in recent years in the technological field, such as those related to artificial intelligence.
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