Description:
This workshop will introduce this new legal concept, its possible implications for data protection and how this concept could be introduced into the current legal framework. The right to digital integrity is to be understood as the general justification for all human digital rights including the right to data protection. Every human evolves today in multi-dimensional physical and digital environment. If each individual is to keep their individuality and autonomy in their daily choices, they must be protected and given effective tools to defend their own autonomy. Recognizing that human life has been digitally extended means questioning ourselves on what makes us human today. Should personal data be considered as a component of the person, rather than objects that can be owned by whoever collects that data? Should our digital integrity be protected? If each human person already has a right to physical and mental integrity as stated in the Swiss Constitution article 10 al.2 or in the Charter of fundamental rights of the European Union, article 3.1, shouldn't they have a right to digital integrity? During the workshop we will describe the current initiative to integrate the Right to Digital Integrity in existing legal frameworks: The addition of this new right will be discussed by the Walliser Verfassungsrat in charge of writing the new Cantonal Constitution. It was already adpoted by the Commission of Fundamental Rights of the Constitution Assembly: https://www.vs.ch/documents/3914032/5755154/20191011_Rapport%20de%20s%C3%A9ance%20de%20commission%202%20-%20Bericht%20Sitzung%20Kommission%202 There are now efforts to bring this Right into the Charter of fundamental rights of the European Union, article 3.1 through discussion being initiated at the European Parliament. The workshop will also explore the social implication of a society where data is not an object that can be solved, but an element of human, similar to organs, with inalienable rights. The association of French speaking Data Protection Authorities, including the Swiss authority and the French CNIL, has issued a comment that "personal data are components of the human person" https://www.afapdp.org/wp-content/uploads/2018/11/AG2018_4_Resolution-sur-la-propriete-sur-les-donnees-ADOPTE-LE-19-OCT-2018.pdf This model proposes a fundamental alternative to application of property rights or copyright on personal data, or as well the application of notion of common good to personal data. The workshop will also explore the development of doctrine on this subject: The University of Neuchâtel in Switzerland has dedicated a conference on the topic, with scholars exploring the impact of the right to digital integrity in difference legal fields of study. Acts of the conference will be published in June. https://www.unine.ch/files/live/sites/droit/files/MANIFESTATIONS/2020_VB/2020.02.21_INTEGRIT%C3%89%20NUM%C3%89RIQUE.pdf
