Act on the Safeguarding of Fundamental Human Rights in the Digital Realm

Act on the Safeguarding of Fundamental Human Rights in the Digital Realm

Preamble

Recognizing that the rapid advancement of digital technologies presents unprecedented opportunities for human progress, communication, and innovation, while simultaneously posing novel and complex challenges to the protection and enjoyment of fundamental human rights;

Affirming that human rights are universal, inalienable, interdependent, and indivisible, and that these rights apply equally and without derogation in the digital realm as they do in the physical world;

Acknowledging the imperative to establish a robust and adaptive legislative framework that ensures the digital environment remains a space where dignity, freedom, and equality are upheld for all individuals;

Committed to fostering an open, secure, and rights-respecting digital future through balanced regulation that promotes innovation while safeguarding the core principles of human rights.

Article 1: Definitions

For the purposes of this Act:

1. "Digital Realm" refers to the interconnected global information and communication infrastructure, including the internet, digital platforms, devices, and all associated digital services and applications.
2. "Fundamental Human Rights" encompasses all rights and freedoms enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as other relevant international and regional human rights instruments.
3. "Personal Data" means any information relating to an identified or identifiable natural person.
4. "Automated Decision-Making" refers to decisions made by technological systems without human intervention that produce legal effects or similarly significant effects concerning an individual.
5. "Digital Service Provider" includes any natural or legal person that provides digital services, including but not limited to online platforms, internet service providers, cloud computing services, and hardware manufacturers.

Article 2: General Principles

1. Principle of Universality and Non-Derogation: All fundamental human rights apply equally and without derogation to individuals in the digital realm. Any limitation on these rights must be prescribed by law, necessary, and proportionate to a legitimate aim.
2. Principle of Non-Discrimination: Access to and enjoyment of digital services and the digital realm shall be free from discrimination of any kind, including on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.
3. Principle of Proportionality and Necessity: Measures taken by public or private entities that may impact fundamental human rights in the digital realm must be strictly necessary to achieve a legitimate aim and proportionate to that aim, with the least intrusive means employed.
4. Principle of Transparency and Accountability: All public and private entities operating in the digital realm shall be transparent in their operations and accountable for their actions and omissions that affect fundamental human rights.

Article 3: Protection of Privacy and Personal Data

1. Right to Privacy: Every individual has the right to privacy in the digital realm, including the right to control their personal data and digital identity.
2. Data Minimization: Personal data shall be collected only to the extent necessary for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
3. Purpose Limitation and Consent: Personal data shall only be processed with the free, informed, specific, and unambiguous consent of the individual, or on other legitimate legal bases, and for the purposes for which it was originally collected.
4. Right to Access and Rectification: Individuals shall have the right to access their personal data held by any entity and to request its rectification, completion, or deletion if inaccurate or incomplete.
5. Right to Erasure ("Right to be Forgotten"): Individuals shall have the right to request the erasure of their personal data without undue delay under specific circumstances, including when the data is no longer necessary for its original purpose or consent is withdrawn.
6. Data Security: Entities processing personal data shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, protecting against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
7. Data Portability: Individuals shall have the right to receive their personal data in a structured, commonly used, and machine-readable format and to transmit that data to another entity without hindrance.

Article 4: Freedom of Expression and Information

1. Protection of Online Speech: The exercise of freedom of expression and the right to seek, receive, and impart information online shall be protected, subject only to such limitations as are provided by law and are necessary in a democratic society for the protection of legitimate interests.
2. Transparency in Content Moderation: Digital Service Providers shall implement clear, transparent, and accessible policies for content moderation, including mechanisms for users to appeal content removal decisions and to receive explanations for such decisions.
3. Combating Disinformation and Misinformation: Measures to combat disinformation and misinformation shall respect freedom of expression, focus on transparency, media literacy, and supporting independent journalism, and avoid state-led censorship or undue restrictions on legitimate speech.
4. Protection of Journalists and Whistleblowers: The digital safety and freedom of expression of journalists, human rights defenders, and whistleblowers shall be specifically protected, including the confidentiality of their sources and communications.

Article 5: Non-Discrimination and Algorithmic Fairness

1. Prevention of Algorithmic Bias: Developers and deployers of Artificial Intelligence (AI) systems and algorithms shall take all reasonable steps to prevent and mitigate biases that could lead to discrimination or disparate impact on individuals or groups, ensuring fairness, transparency, and accountability in their design and application.
2. Digital Inclusion: States shall promote equitable access to digital infrastructure, services, and literacy for all individuals, addressing the digital divide and ensuring that no one is left behind in the digital transformation.
3. Right to Human Review: Individuals shall have the right to a meaningful human review of significant decisions made solely on the basis of Automated Decision-Making that produce legal effects concerning them or similarly significantly affect them.

Article 6: Access to Justice and Due Process

1. Right to Explanation: Individuals affected by Automated Decision-Making shall have the right to receive a clear and understandable explanation of the logic involved and the significance and envisaged consequences of such processing.
2. Effective Remedies: Individuals whose fundamental human rights have been violated in the digital realm shall have access to effective judicial and non-judicial remedies, including mechanisms for redress and compensation.
3. Accountability for Digital Harms: Public and private entities shall be held accountable for harms caused by their digital operations or services that violate fundamental human rights, with appropriate enforcement mechanisms in place.

Article 7: State Surveillance and Security Measures

1. Legality, Necessity, and Proportionality: State surveillance, interception of communications, and access to personal data shall only be conducted on the basis of a clear, publicly accessible law, and must be necessary and proportionate to achieve a legitimate aim, such as national security or preventing serious crime.
2. Independent Oversight: Any such measures shall be subject to prior authorization by an independent judicial or oversight body and shall be subject to robust and transparent oversight mechanisms.
3. Transparency: States shall provide transparent reporting on the scope and nature of their surveillance practices, consistent with national security and privacy concerns.

Article 8: Responsibilities of Digital Service Providers

1. Human Rights Due Diligence: Digital Service Providers shall conduct ongoing human rights due diligence to identify, prevent, mitigate, and account for how they address their actual and potential adverse human rights impacts in the digital realm.
2. Transparency Reports: Digital Service Providers shall publish regular transparency reports detailing requests for user data from governments, content removal requests, and their content moderation practices.
3. User Empowerment: Digital Service Providers shall provide users with accessible tools and information to manage their privacy settings, control their data, and understand the implications of their digital activities.

Article 9: International Cooperation

1. Cross-Border Data Flows: States shall cooperate to facilitate secure and rights-respecting cross-border data flows, ensuring that personal data transferred internationally benefits from equivalent levels of protection.
2. Harmonization of Standards: States shall endeavour to harmonize international standards and best practices for the protection of fundamental human rights in the digital realm through multilateral cooperation and dialogue.
3. Capacity Building: States shall support international efforts to build capacity in developing nations for the implementation of digital rights protections and responsible technological governance.

Article 10: Enforcement and Oversight

1. Independent Digital Rights Authority: An independent national or international Digital Rights Authority shall be established or designated with powers to oversee, investigate, and enforce compliance with this Act, including imposing penalties for non-compliance.
2. Complaints and Redress Mechanisms: Accessible and effective mechanisms shall be established for individuals to lodge complaints regarding violations of their digital rights and to seek redress.
3. Penalties: Non-compliance with the provisions of this Act shall be subject to effective, proportionate, and dissuasive penalties.

Article 11: Education and Awareness

States shall promote digital literacy and raise public awareness regarding fundamental human rights in the digital realm, empowering individuals to navigate the digital environment safely and responsibly.

Article 12: Review and Amendment

This Act shall be subject to periodic review and amendment to ensure its continued relevance and effectiveness in light of evolving technological advancements and societal needs.