Spain: President of Spain presents Digital Rights Charter, highlights right to data protection and cybersecurity
The President of the Government of Spain, presented, on 14 July 2021, the Digital Rights Charter which aims to protect the rights of citizens in the new era of the internet and artificial intelligence. In particular, the Charter includes six main categories of rights, including the right to data protection, the right to pseudonymisation, the right of the person not to be located and profiled, and the right to cybersecurity. Specifically, the Charter highlights:
- the data subject rights and principles, pursuant to the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR');
- access to digital environments using pseudonymisation techniques where identification of the person is not necessary;
- that automated decision-making, profiling, behavioural analysis, and processing of the individuals' location may only be carried in cases allowed by the current regulations and where appropriate safeguards are in place; and
- that public authorities must, in accordance with EU and national regulations, have in place that adequate security measures to ensure the confidentiality, integrity, availability, and resilience of the information processed, as well as promote awareness and training on cybersecurity.
Further to the above, the Charter addresses the protection of minors in the digital environment, highlighting that educational institutions and any other natural or legal persons that develop activities in digital environments, in which minors can participate, must, among other things, respect their right to privacy, data protection, and confidentiality, and obtain their consent or that of their guardians if they are under 14 years old, prior to the dissemination of their personal data.