The Authorities of Spain presented yesterday the Constitution of Digital Rights, a really infamous textual content, which has had an extended journey till the publication of its ultimate model – a 12 months of labor by a bunch of consultants in digital regulation and ethics and two public consultations – and has been surrounded by controversy since its first draft was identified, since there have been many voices that take into account it pointless and meaningless.
The publication of the definitive letter has not silenced the critics, however has added gasoline to the hearth, because the official doc confirms what its draft already identified: it addresses, with out legislative character, points which can be already included in present rules, equivalent to information safety or teleworking, It’s born out of date in some facets, such because the self-regulation of digital intermediaries, it’s contradictory in some factors, equivalent to pseudonymity, and it obviates others, equivalent to racial or sexual orientation discrimination on the web.
Nevertheless, not every thing is unhealthy. The letter additionally It impacts new facets equivalent to the appropriate to digital inheritance, it goes past present rules on the safety of minors. or advances in the necessity to tackle future regulatory developments for digital applied sciences that will have a broad future, equivalent to neurotechnology.
The primary side that we should keep in mind when studying the Digital Rights Invoice is that It’s a textual content that, regardless of being drawn up in legislative language and type, doesn’t have any normative character. It’s a compilation of the challenges that the digital world poses for residents and organizations and of the rights that exist already or ought to be developed by advantage of those challenges, however nothing extra.
The Ministry of Financial Affairs and Digital Transformation itself expressed it this manner in its press launch: “The textual content features a set of rules and rights to information future normative initiatives and the event of public insurance policies in order to ensure the safety of particular person and collective rights within the new digital eventualities ”.
Thus, the target of the letter is “descriptive, potential and assertive”, continues the Ministry. Specifically, factors out issues, ventures into attainable eventualities and underlines the norms that already have an effect on a few of them. However nothing else.
Cut back what’s already legislated
Lots of the factors of the letter have an effect on points on which Spanish regulation already has necessary rules. Part XXI, for instance, states that using private information for functions of scientific, historic, statistical analysis or for innovation it’s thought of to be of basic curiosity And, subsequently, it isn’t unlawful, as said within the Natural Regulation on Information Safety in drive since 2018.
One other level, the one associated to labor regulation, factors out that in digital environments and teleworking professionals have the appropriate to digital disconnection and to be protected against abusive efficiency measurement programs, facets already current within the Distance Work Act.
One other proper already in drive talked about within the doc is that of web entry. The letter states that “common, inexpensive, high quality and non-discriminatory entry to the web can be promoted for the whole inhabitants”, which is strictly the identical as set forth in part 2 of article 81 of the Natural Regulation on Safety of Private Information and assure of digital rights.
Within the facets talked about above, a minimum of, the letter leads to the newest legislative advances, however in others, such because the duty of digital intermediation companies -social networks-, lags behind what’s being performed in Europe.
On this part, the doc states that “middleman service suppliers won’t be accountable in the event that they haven’t originated the transmission, nor modified the info, nor chosen these or the recipients of stated information”, whereas within the new Digital Providers Commonplace that plans to approve the European Union, it’s proposed that massive social platforms have a better diploma of duty for the content material they host and disseminate on them.
The correct to pseudonymity is one other sticking level. Genbeta’s companions explained that’s a technique to protect private information and keep away from profiling with out fully stopping the identification of the particular person that’s behind the pseudonym, in order that she will be investigated within the occasion that she commits against the law.
Nevertheless, some essential voices have identified that the pseudonymity won’t forestall the particular person from being profiled or situated, it is going to merely enable to cover some information, which is in contradiction with part V of the letter, which incorporates the appropriate to the particular person to not be situated or profiled. Pseudonymity, subsequently, might create a false sense of safety.
Relating to the appropriate to equality, the textual content specifies that “the efficient equality of men and women in digital environments can be promoted”, however doesn’t make any point out of discrimination that will happen on the web for causes of race, faith, sexual orientation or gender id.
The Constitution of Digital Rights, nonetheless, additionally has constructive factors, because it contains advances in sure issues that haven’t but been embodied within the regulation and that may not battle with different rights, as within the case of pseudonymity. For instance, it talks about the appropriate to digital inheritance, that’s, to what the heirs of a deceased particular person can obtain all their belongings and digital rights.
One other fascinating side is that anticipates the event of sure applied sciences and gives for a way the foundations that regulate them ought to be, as within the case of rights in using neurotechnology. This part signifies that the longer term regulation on this matter should assure the management of every particular person over their very own id, particular person self-determination, sovereignty and freedom in decision-making or the confidentiality and safety of the info obtained or associated to their mind processes, in different facets.
The consultants consulted by Engadget, preferring to not be named, level out that the constructive factor about this letter is that places the main target of public opinion on all these pointsWhether or not or not they’re legislated, which is sweet as a result of in some instances they aren’t given the eye they deserve.
Nevertheless, additionally they level out that the doc itself would not make a lot sense, as a result of it would not remedy something, as quickly because it advances, within the matters that might say one thing related it doesn’t achieve this and its wording is just too generic.
“The one factor they needed was to take a photograph, nothing extra, “says one of many attorneys consulted by this medium.