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HUMAN RIGHTS ON THE DIGITAL ERA

Since the dawn of civilization, the Internet that constitutes the ultimate feat of technology has utterly invaded in human beings’ lives having simultaneously dire side effects at our ‘’common aspiration”, the right to freedom. Inextricably interwoven with the aforementioned allegation, is the fact that the right to Internet access has jeopardized rights via cybercrime, data breach, and insulting speech. The Kingdom of Spain has committed itself to support the European campaign against the infringement of human rights owing to all these threats that undermine the exercise of human rights. Hence, our input to this undertaking is affirmed by the establishment of a framework along the lines of the EU approach, concerning data protection, and applying it both to the private and public sectors. For instance, Law 15/201999, Royal Decree 1720/2007, the DRAFT LOPD BILL, Spanish data retention act law 25/2007, ARTICLE 197 OF CRIMINAL CODE are denotative of our solid criminal and legal system.

Moreover, the role of the Spanish Data Protection Agency which is the public law authority overseeing compliance with the legal provisions on the protection of personal data is a very strong privilege of our government in the terms of privacy. We consider ourselves an ardent defender of freedom of expression since we have adopted a worthwhile and distinguished array of campaigns that not only protect journalists such as Global campaign against impunity, Speak Justice: Voices against impunity and of the Committee to Protect Journalists but also is opposed to the fake news via Blockchain, a mean of technology that can provide accountability and transparency to the complex world of news and publishing. Furthermore the Code for the Cybersecurity, the Statistic system of criminality and the National Institute of Statistics and The National Cybersecurity Institute of Spain (INCIBE), in conjunction with the very strong online policing also witness that the Spanish State condemns any kind of crimes. As a matter of fact we totally heed in the European regime since we have already ratified the Additional Protocol to the Convention on Cybercrime, the Convention 108, and we also express our approbation to the Guide to Human Rights for the Internet Users. Last but not least, we totally recognize the magnitude of the right to education which we promote via the Project ‘Conectividad de Centros Escolares’’, and other equal initiatives, that provides- through the digital platforms and the ultrahigh-speed broadband connection- the enhancement of the realization of human rights. In order to eradicate all the hazards hidden on the Internet and to prove that it champions the ideals of human rights, Spain has an agenda full of measures that are worth taking into account. As a first step to tackle these challenges is deemed the reinforcement of the already existing NGOs that will be comprised of individuals who are interested in promoting the right to freedom in the cyberspace functioning independently from the government and regulating the online violations.

Furthermore, we consider the existence of a law in the endeavor to combat the online restriction of the right essential, thus we propose the establishment of a body of lawyers specializing in issues of online violations and infringements. This action would be very helpful for the citizens because in case of emergency they would be able to appeal to the members of the body for consultation. Moreover, the improvement of the online policing concerning its duty is unequivocally a ‘’remedie” in this scenario. Police are obliged to re-establish the democracy, respect of the private opinion, and security of personal data, let alone to eliminate the information that is not sound by blocking the fake websites with false content. Finally, importance should be attached to the role of education. We firmly believe that the teaching procedure combined with the appropriate means of technology should focus on the importance and the nature of the right to privacy and the right of freedom of expression. People, let alone the younger users, should be aware of the limitations on their personal life, the assertions and the right way to handle any kind of violation. Thus, we propose the strengthening of platforms like e-libraries and long-distance learning programs. To conclude, the Kingdom of Spain is constantly struggling to ameliorate its institutions and its legal framework conforming to the GDPR and the ECHR. Our upper goal and aspiration is to safeguard the human dignity and freedom.

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