by Tamara Álvarez Robles, Lecturer at the University of Vigo
On the reform of national law on data protection: the special incorporation of digital rights in Spain
The reform of the Spanish Organic Law on Data Protection (LO 3/2018), to adapt it to the General Regulation of Data Protection has introduced together with the European requirements a catalogue of digital rights. Title X “Guarantee of digital rights” has meant, undoubtedly one of the biggest novelties to data protection regulations. It is composed of a set of Articles, from 79 to 97, which present, for the first time in the Spanish national legislative sphere, the new generation of digital rights[i], inter alia, right to Internet neutrality, right to digital security, right to digital education, protection of minors on the Internet, right to rectification on the Internet, right to privacy and use of digital devices in the workplace, right to digital disconnection in the workplace, right to digital testament.
The inclusion in-extremis of the present Title X, of digital rights, through amendment of the Congress of Deputies dated April 18, 2018, responds to the fundamental importance, to the ever-present and dominating reality of the Internet, which reaches all spheres of our lives. That is why, Organic Law 3/2018 in section IV of the Preamble already points to the involvement of public authorities through the provision of public policies (Article 9.2 SC) in order to make effective the catalogue of digital rights based on the Principle of Equality (Article 14 SC), stating that: “it is the responsibility of the public authorities to promote policies that make effective the rights of citizens on the Internet, promoting the equality of citizens and the groups in which they are integrated in order to possible the full exercise of fundamental rights in the digital reality”.
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