DIGITAL RIGHTS - NEW UNDERSTANDING.

There are many dimensions of the “Digital Rights” problem.

Firstly, it is the general accessibility of the Internet, which allow to avoid the threat of being digitally excluded (networks, quality of networks - 5G, rural-urban divide, various territorial divisions).

Secondly, it is the threat of being excluded because of the age (generations), gender (still very often phenomenon), skills and competences (digital literacy in the broad sense as a  needed solution).

Thirdly, it is a problem of the equal level playing field of the functioning of all laws and legal systems - offline and online. For instance: anti-discrimination law tools and anti-discrimination law tools in the digital world: algorithms, biases, asymmetry of information - how to tackle those challenges, how to fight with the hate-speech phenomena.

Fourthly, key to understand: how to translate all our rights (key for the “just society”) to the digital community, our rights as - citizens, consumers, humans, users of all kind of services, eg.patients in medical e-services (fundamental: who is the owner of the data...).

It was a topic of the first exchange of views in the Fireside chat with excellent participants from Brussels, Tartu, Warsaw.

We discussed many aspects of the ownership of the data and the awareness of the Big Data significance and problem of privacy protection in the society. The expression of “fair” data use was one of the key words in our debate. But it was clear, that there are many challenges: data accessibility, management of consents,  the culture of data sharing model, solutions based on legal frame or on habits and codes of conducts. The crucial is - to make the shift from the area of out of rules and law solutions to the legal framework for data management in general  and new models of collaboration focused on data partnership and sharing.

There were two interesting references to the topic in books: Julie. E. Cohen, Between Truth and Power. The Legal Constructions of Informational Capitalism, Oxford University Press,2019 and  Nicolas P. Suzor, Lawless. The Secret Rules That Govern Our Digital Lives, Cambridge University Press, 2019.

We want to continue our discussion under the Fireside chat format on Digital Rights, now focusing on the problem of the Assymetry of Information. 

The more data we are using, the more quality of data management means.

People are playing many roles as consumers, workers, creators, prosumers, citizens - in all those positions they have the legally and culturally expressed and described rights. It is obvious, that people should be properly informed not only about their rights, but also have adequate access to key information about the principles governing the data usage - eg.the significance of the “explainability” rule.

It is not so clear when it is related to the AI and algorithms functionalities - how eg. the digital rights of the “digital patients” should look like ? How the management of consents done by us as clients, patients, citizens, users should look like and be based on what kind of conditions ? What kind of data repositories and collections are needed ? How to start to treat the data as common good and build the Data Commons ? How the mechanisms of redress should look like - giving to everyone all needed, clear and understandable information and offer the transparent, friendly procedures ?  It is important - to have the reciprocity in relations between all data partners and to ensure the symmetry of information.

Data based relationship between business, administration, public services providers - and all kind of users is one of the most important phenomena of our world and digital revolution. It requires the new, redefined model of the platform functioning  based on legal rules, but also on standards and cultural patterns and customs (current European  debates on AI, Data Spaces and Digital Services Act).

Taking into account those topics give us the opportunity to participate in the process of shaping the final, needed, adequate solution.