Fundamental Rights and Digitalisation (Spanish)
The Spanish Constitution (SC) was adopted in 1978, before the opening of internet. The SC has only one express reference to the digital phenomenon: art. 18. 4 SC, the so called right to data protection. Since then, any reform in this issue has been made, despite the fact that digitalisation entails an absolute transformation of our references in all areas: we have an analogical Constitution dealing with a digital reality. Regarding the constitutional system of rights and freedoms, digitalisation opens us up to a world in which relations have new paradigmas, not only in the public sphere, but also in the horizontal relations. Digitalisation has intensified relations between private parties and some of these individuals have immense power over our rights (private platforms as rights and freedoms “dealers“). Constitutionalism must provide responses to continue to ensure individual freedoms and collective rights and to avoid to return to the law of the strongest.