Before the appearance of the Internet everything happened on land, sea or air. Nowadays almost everything happens in cyberspace, in digital spaces where communication, interrelation, commerce, negotiation or entertainment is possible. Places where the traditional physical world is recreated.
In this scenario, where we do not deal face to face with people, where we do not control the times, where we are not sure of being watched and where it is easy to fall into deception, the risks are increasing. Aware of this, our legislator has recognized in the LOPDGDD a guarantee system of what has been called the “digital rights”, whose ultimate objective is to ensure a security framework for the rights and freedoms of citizens on the Internet.
These rights, which may sound new, are nothing more than a development of the mandate imposed by article 18.4 of our Constitution and that, in some cases, have already been recognized by ordinary, constitutional and European jurisprudence.
In particular, in the LOPDGDD, Net neutrality, universal access to the Internet, the rights to security and digital education, as well as the rights to be forgotten, to portability, to a digital will and the protection of minors, have been regulated. In Internet. The necessary right to digital disconnection has also been recognized within the framework of the right to privacy in the use of digital devices in the workplace. In turn, this system of rights has included the guarantee of freedom of expression and the right to clarify information in digital media, already regulated in Organic Law 2/1984, of March 26, regulating the right of rectification.
In addition to the very important advance that the recognition of these rights has brought about in the new data protection law, it is interesting to look to the future and present here the proposed Digital Bill of Rights that the Group of Experts constituted by the Secretary of State for Digitalization and Artificial Intelligence (SEDIA) of the Ministry of Economic Affairs and Digital Transformation is working, and that until January 20, 2021 has been open to public consultation.
This Charter will not have a normative character but it will most likely be a go-to book for all data protection professionals and developers of technological solutions, since It will be a tremendously useful guide to interpret current regulations. in digital contexts and scenarios, to identify risks (by anticipating future conflictive scenarios) and to design guaranteed digital environments of fundamental rights and those that in these environments are instrumental or auxiliary.
Do you want to specialize in Compliance Management and data protection?
He Master in Compliance & Data Protection Management will make you a highly qualified professional with the necessary skills to carry out specialized tasks in two of the most relevant areas for both private businesses as for public administrations: data protection and regulatory compliance or Compliance.
