The Government has exposed this Tuesday a first version of the Digital Rights Bill, a document that collects a list of rights related to life in the digital environment. “The objective is to transfer the rights that we already have in the analog world to the digital world and to be able to add some new ones, such as those related to the impact of artificial intelligence and neurotechnologies”, explained Carme Artigas, Secretary of State for Digitization and Artificial Intelligence, who presented the document this afternoon.
On June 15, the participatory process of preparing the text began through a group of experts in the field of digital rights and with a proven track record in the field of Internet rights. The text has been opened for public consultation this Tuesday so that citizens can make contributions, which will be taken into account for the final drafting of the text, scheduled for next December 4. The Charter of Digital Rights will thus become the first nationwide whose contents are defined through a procedure of this type.
The text does not have a direct normative character, but rather seeks to define what rights must be taken into account when developing laws related to the digital environment. “This letter is a frame of reference to express what rights we want to preserve and how we are going to guarantee them, under what legal framework,” Artigas explained.
These are some of the most prominent issues that the Digital Rights Charter includes:
Right to seudonymy. The Charter maintains that digital environments must allow “access under conditions of seudonimidad”. This means that users have the right to use a pseudonym if they do not want to give their first and last names. This, in addition, must ensure “the possibility of re-identifying” people “in the cases and with the guarantees provided by the legal system.”
Right not to be located and profiling. The document protects the right to free individual self-determination and the guarantee of freedoms. And, for this, it maintains that it must contain “the right not to be traced, nor to be subjected to personality or conduct analysis that involves making a profile of the person. To do so, it is necessary that the affected person give their consent or that it be done in the cases and with the guarantees provided by law.
Right to digital inheritance. The text recognizes the right to inherit all assets and rights owned by the deceased person in the digital environment. Access to the content and services owned by the deceased person will be done in accordance with the general rules of the Civil Code and the laws of the Autonomous Communities.
Protection of minors in the digital environment. It will be the responsibility of the parents or guardians that minors make a “balanced and responsible use of devices, digital environments and information society services”, in order to “guarantee the adequate development of their personality and preserve their dignity and fundamental rights ”. In this sense, the processing of the information of minors aimed at establishing personality profiles in digital environments, as well as profiling practices likely to manipulate or disturb the will of minors and, in particular, advertising based on this, are prohibited. kind of techniques.
Right to Internet neutrality. The public powers must guarantee the right of users to Internet neutrality, the Charter states. For this, providers must propose “a transparent offer of services without discrimination on technical or economic grounds.”
Freedom of expression and freedom of information. The Charter assures citizens the right to freedom of expression and information in digital environments in the terms provided by the Constitution. In this chapter, it refers to those responsible for the media and those “in digital environments”, who must ensure that users know “when information is prepared without human intervention through automated processes”, “when information has been classified or prioritized by the provider through profiling techniques or equivalent ”,“ when this information has been sponsored by a third party ”.
You also have the right not to apply “analysis techniques” that allow you to offer information that affects “ideological, religious, thought or belief freedoms” and “enable the exercise of the right to rectification.”
Users will also have the obligation to request the media to include a sufficiently visible update notice next to the news that concerns them when the information contained in the original news does not reflect their current situation due to circumstances that would have taken place after publication. .
Rights in the workplace. In the workplace, the Charter guarantees workers and public employees digital disconnection, the protection of their privacy in the use of digital devices made available to them by their employer, as well as against the use of video surveillance and recording devices. sounds in the workplace and privacy when using geolocation systems.
“When the nature of the position and the capabilities of the organization allow it, conditions of access to telework will be promoted,” the Charter states. In this case, the ordering of the labor provision will be developed “with full respect for the dignity of the worker, particularly guaranteeing their right to privacy, the private sphere of the home, the rights of the people who reside in it and the right to the reconciliation of personal and family life ”.
Rights before Artificial Intelligence. The Charter guarantees the right that no citizen is discriminated against for decisions based on algorithms and maintains that “transparency, auditability, explicability and traceability” of the same will be ensured. It also adds that people have the right not to be the subject of a decision based solely on automated decision processes, thus recognizing the right to “request human supervision and intervention and challenge automated or algorithmic decisions.” The text recognizes that citizens must be explicitly informed when they are talking to an artificial intelligence system and that assistance by a human being must be guaranteed if the person concerned requests it.
Rights in the use of neurotechnologies. The use of neurotechnologies will be regulated by law with the aim of preserving individual identity, guaranteeing self-determination and freedom in decision-making, ensuring the confidentiality and security of brain data and ensuring that decisions based on these technologies they are not conditioned by computer programs.
The use of neurotechnologies for cognitive enhancement or enhancement of mental capacities will also be regulated “to guarantee the dignity, equality and non-discrimination” of citizens.
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