Digital rights: principles, initiatives and challenges in the digital age

We live in an increasingly digitalised world where we work, study, inform ourselves and socialise through technologies. In this world, where technology and connectivity have become fundamental pillars of society, digital rights emerge as an essential component to guarantee freedom, privacy and equality in this new online facet of our lives.

Therefore, digital rights are nothing more than the extension of the fundamental rights and freedoms we already benefit from to the virtual environment. In this article we will explore what these rights are, why they are important and what are some of the benchmark initiatives in this area.

What are digital rights and why are they important?

As stated by Antonio Guterres, Secretary-General of the United Nations, during the Internet Governance Forum in 2018:

"Humanity must be at the centre of technological evolution. Technology should not use people; we should use technology for the benefit of all".

Technology should be used to improve our lives, not to dominate them. For this to be possible, as has been the case with other transformative technologies in the past, we need to establish policies that prevent as far as possible the emergence of unintended effects or malicious uses. Therefore, digital rights seek to facilitate a humanist digital transformation, where technological innovation is accompanied by protection for people, through a set of guarantees and freedoms that allow citizens to exercise their fundamental rights also in the digital environment. These include, for example:

• Freedom of expression: for uncensored communication and exchange of ideas.
• Right to privacy and data protection: guaranteeing privacy and control over personal information.
• Access to information and transparency: ensuring that everyone has equal access to digital data and services.
• Online security: seeks to protect users from fraud, cyber-attacks and other risks in the digital world.

In a digital environment, where information circulates rapidly and technologies are constantly evolving, guaranteeing these rights is crucial to maintaining the integrity of our interactions, the way we access and consume information, and our participation in public life.

An international framework for digital rights

As technology advances, the concept of digital rights has become increasingly important globally in recent decades. While there is no single global charter of digital rights, there are many global and regional initiatives that point in the same direction: the United Nations Universal Declaration of Human Rights. Originally, this declaration did not even mention the Internet, as it was proclaimed in 1948 and did not exist at that time, but today its principles are considered fully applicable to the digital world. Indeed, the international community agrees that the same rights that we proclaim for the offline world must also be respected online - "what is illegal offline must also be illegal online".

Furthermore, the United Nations has stressed that internet access is becoming a basic enabler of other rights, so connectivity should also be considered a new human right of the 21st century.

European and international benchmarking initiatives

In recent years, several initiatives have emerged with the aim of adapting and protecting fundamental rights also in the digital environment. For example, Europe has been a pioneer in establishing an explicit framework of digital principles. In January 2023, the European Union proclaimed the European Declaration on Digital Rights and Principles for the Digital Decade, a document that reflects the European vision of a people-centred technological transformation and sets out a common framework for safeguarding citizens' freedom, security and privacy in the digital age. This declaration, together with other international initiatives, underlines the need to harmonise traditional rights with the challenges and opportunities of the digital environment.

The Declaration, jointly agreed by the European Parliament, the Council and the Commission, defines a set of fundamental principles that should guide Europe's digital age (you can see a summary in this infographic):

• Focused on people and their rights: Technology must serve people and respect their rights and dignity, not the other way around.
• Solidarity and inclusion: promoting digital inclusion of all social groups, bridging the digital divide.
• Freedom of choice: ensure fair and safe online environments, where users have real choice and where net neutrality is respected.
• Participation in the digital public space: to encourage citizens to participate actively in democratic life at all levels, and to have control over their data.
• Safety and security: increase trust in digital interactions through greater security, privacy and user control, especially protecting minors.
• Sustainability: orienting the digital future towards sustainability, considering the environmental impact of technology.

The European Declaration on Digital Rights and Principles therefore sets out a clear roadmap for the European Union's digital laws and policies, guiding its digital transformation process. While this European Declaration does not itself create laws, it does establish a joint political commitment and a roadmap of values. Furthermore, it makes clear that Europe aims to promote these principles as a global standard.

In addition, the European Commission monitors implementation in all Member States and publishes an annual monitoring report, in conjunction with the State of the Digital Decade Report, to assess progress and stay on track. Furthermore, the Declaration serves as a reference in the EU's international relations, promoting a global digital transformation centred on people and human rights.

Outside Europe, several nations have also developed their own digital rights charters, such as the Ibero-American Charter of Principles and Rights in Digital Environments, and there are also international forums such as the Internet Governance Forum which regularly discusses how to protect human rights in cyberspace. The global trend is therefore to recognise that the digital age requires adapting and strengthening existing legal protections, not by creating "new" fundamental rights out of thin air, but by translating existing ones to the new environment.

Spain's Digital Bill of Rights

In line with all these international initiatives, Spain has also taken a decisive step by proposing its own Charter of Digital Rights. This ambitious project aims to define a set of specific principles and guarantees to ensure that all citizens enjoy adequate protection in the digital environment. Its goals include:

• Define privacy and security standards that respond to the needs of citizens in the digital age.
• Encourage transparency and accountability in both the public and private sectors.
• To promote digital inclusion, ensuring equitable access to technologies and information.

In short, this national initiative represents an effort to adapt regulations and public policies to the challenges of the digital world, strengthening citizens' confidence in the use of new technologies. Moreover, since it was published as early as July 2021, it has also contributed to subsequent reflection processes at European level, including the European Declaration mentioned above.

The Spanish Digital Bill of Rights is structured in six broad categories covering the areas of greatest risk and uncertainty in the digital world:

1. Freedom rights: includes classic freedoms in their digital dimension, such as freedom of expression and information on the Internet, ideological freedom in networks, the right to secrecy of digital communications, as well as the right to pseudonymity.
2. Equality rights: aimed at avoiding any form of discrimination in the digital environment, including equal access to technology (digital inclusion of the elderly, people with disabilities or in rural areas), and preventing bias or unequal treatment in algorithmic systems.
3. Participation rights and shaping of public space: this refers to ensuring citizen and democratic participation through digital media. It includes electoral rights in online environments, protection from disinformation and the promotion of diverse and respectful online public debate.
4. Rights in the work and business environment: encompasses the digital rights of workers and entrepreneurs. A concrete example here is the right to digital disconnection of the worker. It also includes the protection of employee privacy from digital surveillance systems at work and guarantees in teleworking, among others.
5. Digital rights in specific environments: this addresses particular areas that pose their own challenges, for example the rights of children and adolescents in the digital environment (protection from harmful content, parental control, right to digital education); digital inheritance (what happens to our data and accounts on the Internet after our death); digital identity (being able to manage and protect our online identity); or rights in the emerging world of artificial intelligence, the metaverse and neurotechnologies.
6. Effectiveness and safeguards: this last category focuses on how to ensure that all these rightsare actually fulfilled. The Charter seeks to ensure that people have clear ways to complain in case of violations of their digital rights and that the authorities have the tools to enforce their rights on the internet.

As the government pointed out in its presentation, the aim is to "reinforce and extend citizens' rights, generate certainty in this new digital reality and increase people's confidence in the face of technological disruption". In other words, no new fundamental rights are created, but emerging areas (such as artificial intelligence or digital identity) are recognised where it is necessary to clarify how existing rights are applied and guaranteed.

The Digital Rights Observatory

The creation of a Digital Rights Observatory in Spain has recently been announced, a strategic tool aimed at continuously monitoring, promoting and evaluating the state and evolution of these rights in the country with the objective of contributing to making them effective. The Observatory is conceived as an open, inclusive and participatory space to bring digital rights closer to citizens, and its main functions include:

• To push for the implementation of the Digital Bill of Rights, so that the ideas initially set out in 2021 do not remain theoretical, but are translated into concrete actions, laws and effective policies.
• To monitor compliance with the regulations and recommendations set out in the Digital Bill of Rights.
• Fighting inequality and discrimination online, helping to reduce digital divides so that technological transformation does not leave vulnerable groups behind.
• Identify areas for improvement and propose measures for the protection of rights in the digital environment.
• Detect whether the current legal framework is lagging behind in the face of new challenges from disruptive technologies such as advanced artificial intelligence that pose risks not covered by current laws.
• Encourage transparency and dialogue between government, institutions and civil society to adapt policies to technological change.

Announced in February 2025, the Observatory is part of the Digital Rights Programme, a public-private initiative led by the Government, with the participation of four ministries, and financed by the European NextGenerationEU funds within the Recovery Plan. This programme involves the collaboration of experts in the field, public institutions, technology companies, universities and civil society organisations. In total more than 150 entities and 360 professionals have been involved in its development.

This Observatory is therefore emerging as an essential resource to ensure that the protection of digital rights is kept up to date and responds effectively to the emerging challenges of the digital age.

Conclusion

Digital rights are a fundamental pillar of 21st century societyand their consolidation is a complex task that requires the coordination of initiatives at international, European and national levels. Initiatives such as the European Digital Rights Declaration and other global efforts have laid the groundwork, but it is the implementation of specific measures such as the Spanish Digital Rights Charter and the new Digital Rights Observatory that will make the difference in ensuring a free, safe and equitable digital environment for all.

In short, the protection of digital rights is not only a legislative necessity, but an indispensable condition for the full exercise of citizenship in an increasingly interconnected world. Active participation and engagement of both citizens and institutions will be key to building a fair and sustainable digital future. If we can realise these rights, the Internet and new technologies will continue to be synonymous with opportunity and freedom, not threat. After all, digital rights are simply our old rights adapted to modern times, and protecting them is the same as protecting ourselves in this new digital age.

Content prepared by Carlos Iglesias, Open data Researcher and consultant, World Wide Web Foundation. The contents and views expressed in this publication are the sole responsibility of the author.