Tuesday, July 28 could be a historic day for all those who use the internet in Italy, both in a professional manner so as “amateur”. Because at 12, at the Hall of the Globe of Palazzo Montecitorio will be held the press conference to present the “Declaration of Rights on the Internet.” The event will be broadcast live WebTV from the site of the chamber of deputies.
The document contains a set of guiding principles to guarantee the rights of those who use the Internet every day and to promote development, efficiency. The “Charter of Rights Network” will have no binding power, it contains high-level principles which comply with the hope that it will be the starting point to get a real legislation. Meanwhile, here is the text released last year and with last minute changes should be presented on Tuesday:
1. RECOGNITION AND GUARANTEE OF RIGHTS
are guaranteed on the Internet the fundamental rights of every person recognized by international documents, by the Charter of Fundamental Rights of the European Union, in the constitutions and laws. These rights
They must be interpreted so as to ensure its effectiveness in the size of the network.
The recognition of the rights on the Internet must be based on full respect for the dignity, freedom, equality and diversity of each person, which are the principles by which you make the balance with other rights.
2. RIGHT OF ACCESS
Each person has an equal right to access the Internet on an equal footing, in a manner appropriate and technologically updated to remove all obstacles of an economic and social.
The fundamental right of access Internet must be ensured in its substantive conditions and not only as a chance to connect to the Net.
Access includes freedom of choice with regard to operating systems, software and applications.
The effective protection of right of access requires adequate public intervention in order to overcome every form of digital divide – cultural, infrastructural, economic – with particular reference to the accessibility of persons with disabilities.
3. NEUTRALITY ‘NETWORK
Every person has the right data that transmits and receives over the Internet do not suffer discrimination, restrictions or interference in relation to the sender, recipient, or content type of data, device used, applications or, in general, legitimate people’s choices.
The neutrality of the Internet, fixed and mobile, and the right of access are necessary conditions for the effectiveness of the fundamental rights of the person. Ensure the maintenance of the generating capacity of the Internet, including on production innovation. Ensure the messages and their applications to travel online without discrimination for their content and their functions.
4. DATA PROTECTION
Everyone has the right to the protection of data relating to him, to ensure respect for their dignity, identity and privacy.
Personal data are those that allow you to go back to ‘identity of a person and also include the identification data of the devices and their further processing, such as those related to the production of profiles.
The data must be processed in compliance with the principles of necessity, purpose, relevance, proportionality and, However, the right of every person prevails informational self-determination.
Data can be collected and processed only with the consent of the person concerned actually informed or based on other legitimate basis laid down by law. The agreement is in principle irrevocable. For the processing of sensitive data the law may provide that the data subject’s consent must be accompanied by specific permissions.
Consent can not constitute a legal basis for the treatment when there is a significant power imbalance between the data subject and the person who carries out the treatment.
are forbidden access and processing of personal data for purposes directly or indirectly discriminatory.
5. Right to self INFORMATION
Everyone has the right to access their data, regardless of the subject who is in possession and the place where they are kept, to request the integration, rectification, cancellation second the manner prescribed by law. Everyone has the right to know the technical details of the processing of data concerning him.
Collected mass of personal data can only be made in accordance with the principles and fundamental rights.
Data retention needs It is limited to the time required, taking into account the principle of purpose and self-determination of the person concerned.
6. INFRINGEMENT OF COMPUTER SYSTEMS AND domiciles
Without the authorization of the court, only in cases and manner provided by law, is not allowed access to the data of the person you are on personal devices on computers remote access through credentials from any computer connected to the Internet or simultaneously on personal devices, and copy on remote hosts, and interception of all forms of electronic communication.
7. TREATMENTS AUTOMATED
No act, court order or administrative decision in any case intended to affect significantly the scope of people may be based solely on the automated processing of personal data aimed at defining the profile or personality of ‘concerned.
8. RIGHT TO IDENTITY
Everyone has the right to the integral representation of identity and date.
Its definition covers the free construction of personality and can not be beyond the reach and knowledge of ‘concerned.
The use of algorithms and probabilistic techniques it must be brought to the attention of the persons concerned, who in any case may object to the construction and dissemination of profiles that affect them. Everyone has the right
to provide only the data strictly necessary for the fulfillment of obligations under the law, for the supply of goods and services, for access to the platforms that operate on the Internet.
The definition of an identity on the Internet by the public administration must be accompanied by appropriate safeguards.
9. ANONYMITY
Each person can communicate electronically anonymously to exercise civil and political liberties without discrimination or censorship.
Limitations may be provided only where justified by the need to protect public interest and are necessary, proportionate, based on the law and respecting the characteristics proper of a democratic society.
In the cases provided for by law and by order from the court the author of a communication may be identified when necessary to ensure the dignity and rights of other people.
10. Right to be forgotten
Everyone has the right to obtain the cancellation from the indexes of search engines of data, for their content or for the time spent by the time it was collected, no longer have relevance.
The right to be forgotten can not limit the freedom of research and the right of the public to be informed, which are necessary conditions for the functioning of a democratic society. This right can be exercised by people known or which are entrusted with public only if the data relating to them are irrelevant in relation to the business or public functions exercised.
If the request for cancellation by indices search engine data was received, everyone is entitled to know such cases and to appeal the decision before the courts to ensure the public interest to know.
11. RIGHTS AND GUARANTEES OF PEOPLE ON PLATFORMS
makers of digital platforms are expected to conduct themselves with honesty and fairness in dealing with clients, suppliers and competitors.
Every person has the right to receive clear and simplify the operation of the platform, not to see changed arbitrarily contractual conditions, to freedom from behaviors that can lead to difficulties or discrimination in access. Every person must in all cases be informed of the change in the contractual conditions. In this case you have the right to terminate the relationship, to have a copy of the data concerning him in interoperable form, to obtain the cancellation from the platform of data concerning him.
Platforms that operate on the Internet, where it encounters as services essential to the life and activity of the people, promote, while respecting the principle of competition, conditions for a proper interoperability, in the presence of the same contractual terms of their key technologies, functions and data to other platforms.
12. SECURITY NETWORK
network security must be guaranteed to be in the public interest, through the integrity of infrastructure and protection from external attacks, and as interest of individuals.
Are not allowed limitations on freedom of expression; should enjoy the protection of the dignity of the people from abuses related to negative behaviors, such as incitement to hatred, discrimination and violence.
13. RIGHT TO EDUCATION
Everyone has the right to acquire the ability to use the Internet in an informed and active. The cultural and educational dimension of the Internet is in fact essential to ensure the effectiveness of the right of access and the protection of persons.
Public institutions promote educational activities targeted at people in the school system and businesses, with specific reference the intergenerational dimension.
law responsible use of the Internet is crucial for them to be effectively guaranteed the development of equal opportunity for individual and collective growth; the democratic balance of power differences on the Net between economic actors, institutions and citizens; the prevention of discrimination and risky behavior and those detrimental to the freedom of others.
14. CRITERIA FOR THE GOVERNMENT OF THE NETWORK
Everyone has the right to see their rights recognized both nationally and internationally.
Internet requires rules according to its universality and supranational aimed at full implementation the principles and rights set out first, to ensure its open and democratic, prevent all forms of discrimination and prevent its discipline depends on the power exercised by persons who have greater economic strength.
The construction of a system of rules must take into account the different territorial levels (supranational, national, regional), the opportunities offered by forms of self-regulation in conformity with the above principles, the need to preserve the ability of innovation, the multiplicity of operators active on the Net, promoting their involvement in forms to ensure the wide participation of all concerned.
Public institutions adopt appropriate instruments to guarantee this form of participation.
However, innovation legislation on the Internet is subject to impact assessment on ‘digital ecosystem.
Grid management must ensure that the principle of transparency, accountability of decisions, accessibility to public information, the representation of stakeholders.
access and reuse data generated and held by the public sector must be guaranteed and strengthened.
The establishment of national and international authorities it is essential to effectively ensure compliance with the criteria, including through an evaluation of compliance with the new rules to the principles of this Declaration.
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