New Digital Bill of Rights

Today, the Government of Spain, through the Secretary of State for Digitalization and Artificial Intelligence, which belongs to the Ministry of Economic Affairs and Digital Transformation, presented a draft of the New Charter of Digital RightsIt has been made available for citizens to make their contributions, with the aim of including those that are interesting and reinforce the final text, which is expected to be approved on December 4.

What is the New Digital Bill of Rights?

This Charter of Digital Rights constitutes a new frame of reference in the field of Digital Law, transferring the rights that are already recognized in the analogical world to the digital world. reference in the field of Digital Law, transferring the rights that are already recognized in the analogical world, to the digital world, guaranteeing with greater amplitude our capacities of action.

It will also serve as a guide for the development of new public policies in the digital environment.

It is important to emphasize that, in accordance with the above, this Charter of Digital Rights does not have a direct normative character, but becomes a set of recommendations to be followed in this new modality of law, which has become more present in our lives since telework has been imposed derived from the health circumstance worldwide with the coronavirus pandemic.

What does it mean for digital citizens?

This Charter derives from the commitment established in Title X of the Organic Law 3/2018 of December 5, on Personal Data Protection and guarantee of digital rights (LOPD GDD), where Spain is placed as the first European country to guarantee by law this type of rights.

The aim is to ensure respect for shared values in the digital environment, thus guaranteeing the digital transformation in all areas.

The digital rights included in the draft of this Charter are as follows:

— Right to pseudonymity:

Right to use pseudonyms in digital environments, and not our true identity.

— Right not to be traced and profiled:

Protect the right to individual self-determination and the right not to create profiles on individuals without their express consent.

— Right to digital inheritance:

Right to the inheritance of all assets and rights owned by the deceased person in the digital environment, regardless of the inheritance carried out under the rules of the Civil Code.

— Protection of minors (correlative to art. 84 LOPDGDD):

It is the responsibility of parents and/or guardians to ensure that minors make responsible use of the devices that give them access to the digital environment, as well as the information society. However, it is protected that minors are not profiled, as well as using techniques that tend to manipulate the will of minors.

— Right to neutrality on the Internet (correlative to art. 80 LOPDGDD):

Internet service providers shall provide a transparent offer of services without discrimination on technical or economic grounds.

— Right to freedom of expression and information (correlative to art. 85 LOPDGDD):

This right emphasizes the information obligations of those responsible for the media, where they must indicate when information is totally automated, if profiles are going to be made or when the information is sponsored by a third party. Likewise, the right not to be subjected to analyses affecting ideological, religious freedom, freedom of thought or beliefs and access to the exercise of the right to rectification.

— Labor rights (correlative arts. 87, 88, 89 and 90 LOPDGDD):

Digital disconnection, as well as the right to personal and family privacy in the use of corporate devices and employer control methods, also including video surveillance and geolocation systems, are rights that are also contemplated in this Charter as an extension of what is already regulated in the LOPDGDD.

— AI rights:

The right to request human oversight and intervention and to challenge automated or algorithmic decisions, and may require that a human be involved in the process, not just machines.

— Rights in the use of neurotechnologies:

The aim of regulating this section in the Charter is to preserve the identity of each of us, to create guarantees of self-determination and freedom of decision, to entrench the confidentiality and security of brain data, and to ensure that our AI-based decisions are not conditioned by computer programs.

In addition to those set forth above, those stipulated in the Data Protection Law (LOPD-GDD) are included:

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