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Letter of rights in the digital era provides for the existence of free access points and the creation of a social internet fare

27 July, 2021

Next Friday will enter into force the Portuguese Letter on Human Rights in the Digital Era, published in Diário da República on May 17th. The Portuguese Republic participates in the global process of Internet transformation, as an instrument for the achievement of freedom, equality and social justice and as a space for promoting the free exercise of human rights, with the objective of creating social inclusion in the digital environment.

There are 21 articles in the Diploma that enshrine a set of rights that aim to create a digital environment “that promotes and defends human rights”.  Among the various rights enshrined in the Letter, the following stand out:

a) The enshrinement of the right of access to the digital environment, providing that “all, regardless of ancestry, gender, race, language, territory of origin, religion, political or ideological convictions, education, economic status, social status or sexual orientation, have the right to free access to the Internet”. In fulfilment of this forecast, this Letter instructs the State to, among others, promote “the creation of a social tariff for access to Internet services applicable to economically vulnerable end customers”, as well as “the reduction and elimination of regional and local asymmetries in terms of connectivity, ensuring its existence in low-density territories and guaranteeing quality connectivity, in broadband and at an affordable price, throughout the national territory;

b) The existence of free access points in public spaces, such as libraries, parish councils, community centers, public gardens, hospitals, health centers, schools and other public services;

c) The right to the development of digital skills, where, “Everyone has the right to education for the acquisition and development of digital skills”;

d) The implementation of programs that guarantee access to technological and digital instruments and means, by the population, to enhance digital skills and access to electronic platforms, in particular for the most vulnerable citizens;

e) The guarantee of access and use, which provides for “the prohibition of intentional interruption of Internet access, whether partial or total, or the limitation of the dissemination of information or other content, except in the cases provided for by law”;

f) The definition and implementation of measures to combat the illicit availability and dissemination of illegal content on the network and to defend the rights of intellectual property and victims of crimes committed in cyberspace;

g) The right to the protection of personal data, including control over its collection, registration, organization, structuring, conservation, adaptation or alteration, recovery, consultation, use, dissemination by transmission or any other form of availability, comparison, interconnection, limitation, deletion or destruction is ensured under the legal terms;

h) Finally, this letter also dedicates one of its articles to the use of data on the geographic position of a user’s equipment, which can only be done with their consent or legal authorization, as protection against abusive geolocation.

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