Home - IVR 2024
European legislative proposals in the new digital age
Convenors
Laura Miraut Martín (Titular Filosofía del Derecho. Universidad de Las Palmas de Gran Canaria, Spain) laura.miraut@ulpgc.es
Antonio Tirso Ester Sánchez (Contratado Doctor de Filosofía del Derecho. Universidad de Las Palmas de Gran Canaria, Spain) tirso.ester@ulpgc.es
The technological advancement of the current era poses significant challenges to society and its legal framework, especially with regard to the protection of and respect for fundamental human rights. This development has expanded the power of surveillance and control by those in positions of authority, making deep inroads into our personal lives through extensive analysis of our personal data. This intrusion not only redefines our social and work spheres but also pushes us towards an almost total dependence on the internet and digital technologies. The emergence of these new technologies brings with it unprecedented risks, requiring society and its regulatory frameworks to adapt to these new contexts.
The 1948 Universal Declaration of Human Rights, with its successive generations of human rights, is based on fundamental values of freedom, equality and solidarity, which today, more than ever, must be interpreted through the lens of the challenges presented by technological development. The rights arising from the technological revolution could be seen as a new generation of human rights, based on the need to address the specific challenges posed by modern technology. This includes the risk of pervasive surveillance, loss of privacy and the impact of automation on the labour market, among others.
Recognising that these technological challenges affect us all, the need for a special sensitivity, a collective commitment to solidarity, to implement mechanisms to mitigate these risks is evident. This implies a call for the humanisation of the digital transition, proposing an ethical regulation or a digital ethic that prevents the violation of human rights and protects, reinforces and guarantees the rights of all in society.
This need has become even more critical in the context of the recent COVID-19 pandemic, which has accelerated the digital transformation and underlined the importance of establishing fair regulations for coexistence in this new digital scenario. The implementation of such regulations is crucial to ensure that digital citizens can coexist in a fair and equitable manner, thus protecting the fundamental principles of freedom, equality and solidarity in this new digital landscape.
The urgency of establishing an appropriate regulatory framework for the digital age is not only a matter of technological adaptation, but also a matter of social justice and fairness. As we move into this new reality, it is essential that public policy and legislation reflect a deep understanding of the ethical, social and economic implications of technological development. This includes ensuring equitable access to technology, protecting against algorithmic discrimination, and ensuring that automation and artificial intelligence develop in ways that benefit society as a whole, without exacerbating existing inequalities.
The introduction of a digital ethic requires a collaborative approach involving multiple actors, including governments, technology companies, civil society and academia. This joint effort should be directed towards the creation of universal ethical standards for the development and use of emerging technologies. In addition, it is essential to promote a culture of accountability and transparency among technology developers and providers, ensuring that technological innovations are accessible, safe and respectful of human rights.
In the context of the COVID-19 pandemic, we have seen how technology can be a powerful tool for social welfare, enabling the continuity of education, work and social communication in times of isolation. However, we have also witnessed the dangers of excessive surveillance, misinformation and a widening digital divide. These experiences underline the importance of designing technologies in a way that prioritizes human and social benefits over mere convenience or economic gain.
Finally, it is vital to promote digital literacy among the general population, ensuring that everyone has the necessary skills to navigate the digital world critically and safely. Education in digital rights and technological ethics must become an integral part of educational curricula, preparing future generations to participate fully and in an informed manner in the digital society.