Conferencia: El Derecho Humano a la Protección de Datos Personales

Introduction to the Conference

Overview of the Event

• The conference is part of the International Book Fair 2025, focusing on human rights and data protection.

• Dr. Pedro Enrique Riveiro is introduced as the speaker for this session.

Speaker's Credentials

• Dr. Riveiro holds a doctorate in law from Goethe University, Germany, with a focus on public law and media law.

• He has extensive academic experience, including teaching at the University of Frankfurt and publishing numerous articles in multiple languages.

• His research interests include legal theory, constitutionalism, and media law among others.

Importance of Data Protection

Contextualizing Data Protection

• Dr. Riveiro emphasizes that data protection is crucial for all sectors of society, especially in our digital age.

• He acknowledges his Brazilian background while discussing global implications of data protection laws.

Key Themes Addressed

• The talk will explore personal data as a fundamental human right within a transnational context.

• Discussion will include current challenges related to data privacy and comparisons between Europe and Brazil's approaches to these issues.

Human Rights in the Digital Age

Relationship Between Technology and Humanity

• Dr. Riveiro discusses how human relationships with technology are central to understanding modern rights issues, particularly regarding personal data.

• He highlights that evolution includes both biological aspects and technological advancements that shape societal norms and values.

Philosophical Perspectives

• The speaker references historical myths (e.g., Prometheus) to illustrate humanity's ongoing relationship with technology and its implications for rights discourse today.

Understanding the Impact of Technology on Human Rights

The Relationship Between Technology and Human Rights

• The discussion begins with the idea that technology should serve humanity, aligning with human rights principles, but it also poses risks to these rights.

• Emphasizes the need to evaluate potential damages and risks associated with technological advancements, particularly in communication media.

Evolution of Law Through Technological Advancements

• References Thomas Festing's work, highlighting how communication technologies fundamentally alter legal frameworks; for instance, spoken language led to the creation of legal formulas.

• The advent of writing transformed societal structures and laws, enabling codification of norms and sanctions that were previously unrecorded.

• The printing press revolutionized governance by replacing monarchal authority with constitutional law, illustrating how technology reshapes power dynamics.

Media Influence on Society and Law

• Discusses how electronic media (radio, television) foster a mass society that changes perceptions of freedom of expression and data accessibility.

• Introduces the concept of the "fourth industrial revolution," emphasizing digitalization's role in transforming social interactions and governmental relationships.

Personal Data Protection as a Fundamental Right

• Highlights the increasing importance of personal data protection within modern human rights discussions due to digitalization's impact on identity.

• Explores how personal data is now recognized as a fundamental right needing protection since modernity.

Historical Context: Informational Self-determination

• Introduces the principle of informational self-determination from 1983 German Supreme Court decisions regarding citizens' control over their data amidst fears of state surveillance.

• Notes that this principle has influenced various laws globally, including Mexico’s Federal Law on Data Protection.

Understanding Data Protection as a Fundamental Right

The Evolution of Data Rights

• In December 1983, the Court made an interesting argument regarding data rights, emphasizing that our relationship with data is intertwined with fundamental rights.

• The right to data protection is considered a fundamental human right, linked to other human rights and referred to as "informational self-determination."

• Personal data is seen as part of one's identity; thus, individuals should have control over how their information is used.

Interconnection of Rights

• The protection of personal data aligns with various human rights principles such as privacy and basic freedoms, sharing the same constitutional hierarchy.

• Informational self-determination implies that personal identities extend beyond names and numbers; they include images and other aspects of personality.

Legal Framework in Mexico

• In Mexico, the legal framework includes ARCO (Access, Rectification, Cancellation, Opposition), which supports individual rights concerning personal data.

• Emphasizing a human rights perspective on data signifies a shift from viewing data merely as property to recognizing it as part of fundamental rights.

Challenges in Data Management

• Current challenges involve understanding how entities (governments and companies) handle personal data amidst evolving technologies like big data and artificial intelligence.

• Consent plays a crucial role in managing personal information; it must be free, informed, and ongoing for effective treatment of population data.

Importance of Security and Transparency

• Ensuring cybersecurity is vital for protecting sensitive personal information from misuse or breaches.

• Transparency in handling personal data fosters trust; organizations must provide clear information about their practices related to user data.

Emerging Rights Related to Automated Decisions

• There are growing discussions around the right not to be subject solely to automated decision-making based on processed personal data.

• This concern highlights potential risks associated with big data and AI technologies impacting individual autonomy.

Human Rights and Data Privacy

The Right to Human Judgment

• Discusses the human right to be judged by a human rather than solely by algorithms, emphasizing the potential consequences on fundamental rights.

Concerns Over Personal Data Usage

• Raises concerns about the purposes for which personal data is used, such as propaganda or profiling, highlighting risks associated with categorizing individuals based on their data.

Dystopian Implications of Profiling

• References the series "Black Mirror" to illustrate dystopian scenarios where individuals are rated based on profiles, affecting access to credit and other services. This practice raises ethical questions in various countries, including China and Europe.

Risks of Credit Scoring Based on Profiles

• Questions the fairness of creating credit scores based on profiles that may not accurately reflect an individual's behavior, potentially leading to discrimination against those who share similar characteristics with others who have poor credit histories.

Autonomy Over Personal Data

• Emphasizes the importance of self-determination regarding personal data usage, advocating for transparency and consent in how data is handled. Individuals should have rights to access, rectify, or cancel their data usage.

Vulnerability in Digital Spaces

• Highlights that users often lack understanding of programming and technology, making them vulnerable in digital interactions; thus, there is a need for protective measures within human rights frameworks.

Ethical Responsibilities in Digital Rights

• Suggests that human rights ethics should mirror care ethics (like doctor-patient relationships) to protect individuals navigating complex digital environments from exploitation or harm.

Legislative Framework: GDPR Overview

• Introduces the General Data Protection Regulation (GDPR) from the European Union as a fundamental legal framework protecting individual privacy concerning personal data processing since its inception in 2016.

Fundamental Rights Under GDPR

• Affirms that GDPR establishes clear protections for personal data handling while ensuring respect for individual freedoms and rights across jurisdictions globally. It emphasizes lawful and transparent treatment of personal information.

Issues with Targeted Advertising

• Discusses targeted advertising practices in Brazil aimed at children and potential dangers like child pornography due to algorithmic profiling; stresses ethical considerations surrounding such practices globally.

This structured summary captures key discussions around human rights related to data privacy while providing timestamps for easy reference back to specific points made during the transcript's discussion.

Data Protection Principles and Responsibilities

Key Concepts in Data Minimization and User Rights

• The importance of data minimization is emphasized, highlighting that personal data should be used limitedly and with consent to ensure accuracy and prevent misinformation.

• There are correlating duties for both public authorities and private entities regarding the proactive responsibility to handle data securely and transparently.

• Users have several rights including consent, rectification, suppression, opposition, which also impose corresponding duties on society to uphold these rights.

• A model of open governance is discussed where self-regulation is encouraged among entities while adhering to fundamental rights.

• The concept of automated decision-making and profiling raises concerns about individual rights against decisions made solely based on automated processes.

Risks Associated with Automated Decisions

• The discussion includes the right not to be subject to decisions based solely on automated processing that could produce legal effects or significantly affect individuals.

• Examples include AI systems using biometric data for profiling, which can lead to problematic historical precedents in law enforcement practices.

• Historical misuse of biometric data (e.g., craniometry leading to racial biases in criminality predictions) illustrates the dangers of associating behavior with physical traits rather than actual conduct.

• Profiling based on predictive analytics can violate basic legal principles by imposing sanctions based on predicted behaviors rather than actual actions.

• While big data offers useful insights, it must be handled carefully to avoid infringing upon individual freedoms.

Balancing Innovation with Fundamental Rights

• The need for a risk-based approach in regulating new technologies like AI is highlighted, ensuring that innovation does not compromise fundamental human rights.

• Brazil's discussions around personal data management echo European regulations focusing on minimizing risks while promoting business freedoms and expression.

• The 2021 Artificial Intelligence Law aims at establishing a legal framework addressing how new technologies should manage personal data responsibly.

• A risk system within this law suggests that higher risks associated with technology necessitate stricter regulations while allowing room for innovation.

• Collaboration across government sectors and academia is crucial as they work together towards effective regulation concerning emerging technologies.

Data Protection and Technology Risks

The Importance of Data Protection

• Acknowledgment of the role of Maestra Riverol in highlighting that higher risks associated with data treatment lead to more stringent regulations, including potential prohibitions.

• Technologies violating fundamental rights, particularly those capable of manipulating individuals or utilizing remote biometric identification, are deemed highly problematic.

Risk Assessment in Technology

• Profiling and scoring practices are identified as high-risk activities that may infringe on fundamental rights; however, other technologies present lower risks but still require careful management.

• Algorithms that can induce addiction are not classified as prohibited but necessitate risk management obligations to ensure governance transparency.

Governance and Transparency

• Emphasis on the need for technical documentation and human oversight in algorithmic processes to safeguard personal data handling.

• The discussion includes various technologies requiring human monitoring to ensure ethical data treatment practices.

Categorization of Risks

• Identification technologies pose significant risks across various sectors such as education, justice administration, and democratic processes; some technologies have limited risk but still demand transparency.

• Emotional recognition systems also raise concerns regarding categorization and profiling based on personal data access.

Economic Implications of Data Management

• The intersection between personal data protection and the new economy driven by platform-based services is explored, emphasizing the role of digital service laws in ensuring a secure online environment.

• Digital service providers must maintain responsibility for creating trustworthy environments while upholding human rights within their operations.

Balancing Rights and Responsibilities

• Open governance is crucial for effective data protection strategies; harmonizing economic activity with fundamental rights is essential to avoid violations.

• Key fundamental rights include freedom of expression, privacy protection, non-discrimination, and effective judicial protection amidst algorithmic influences.

Conclusion: Current Challenges in Data Protection

• Ongoing discussions highlight the necessity for vigilance against potential infringements on individual rights due to evolving technology landscapes.

• Recognition that both service providers' freedoms and affected parties' rights must be respected within this complex framework.

Digital Service Act and Its Implications

Overview of Digital Content Regulation

• Discussion on systemic issues within the Digital Service Act (DSA), focusing on the dissemination of illegal content such as child sexual abuse materials, hate speech, and prohibited products/services.

Targeted Content and Vulnerable Populations

• Examination of how certain types of harmful content are specifically targeted at vulnerable groups, particularly adolescents, through tailored profiles.

• Reference to a Brazilian series "Adolescence" highlighting the creation of hate content aimed at children and teenagers, raising concerns about potential harm.

Rights and Algorithm Transparency

• The need for transparency in algorithm design is emphasized, linking it to fundamental rights like data protection.

• Discussion on the impact of misinformation (fake news) on democratic processes and public health, especially concerning minors' well-being.

Data Privacy Concerns

• Highlighting coordinated disinformation campaigns targeting specific populations that require extensive personal data processing beyond just biometrics.

Legislative Efforts in Brazil

• Introduction to Brazil's digital statute focused on protecting children's rights online amidst discussions about adultification—creating profiles for children that attract inappropriate attention.

Challenges in Protecting Minors Online

Algorithmic Risks and Community Formation

• Analysis of how algorithms can inadvertently create communities around harmful interests by promoting content featuring children in compromising situations.

Protecting Vulnerable Groups

• Emphasis on safeguarding not only data protection rights but also ensuring the safety of vulnerable groups like children and elderly individuals from predatory practices online.

Regulatory Initiatives in Nuevo León

• Mention of a recent initiative in Nuevo León aimed at regulating cyber protection for minors, indicating ongoing legislative efforts to address these challenges.

Concluding Thoughts on Data Protection

Importance of Data Protection as a Human Right

• Final remarks stress that data protection should be viewed as a fundamental human right intertwined with other rights within the digital context.

Discussion on Regulatory Authorities and Child Protection

The Role of Regulatory Authorities

• Discussion about the various authorities involved in education regulation, including the judiciary and public administration in Brazil.

• Concerns raised regarding the ambiguity in crime statistics due to multiple regulatory bodies maintaining separate records.

Institutional Arrangements and Data Protection

• Acknowledgment of global institutional arrangements, with a specific mention of Brazil's Data Protection Agency.

• Emphasis on corporate obligations to generate reports contributing to data collection and statistics related to child protection.

Challenges in Protecting Minors Online

• Discussion on linking minors' profiles to responsible adults for better oversight on social media platforms.

• Highlighting the need for accountability among platforms regarding hate speech and threats against democracy, particularly concerning children.

Importance of Sanctions Against Child Exploitation

• Stressing that child exploitation should be treated as a severe human rights violation deserving strict sanctions.

• Recognition that effective mechanisms for addressing these issues are still being developed, emphasizing investigative police involvement.

Balancing Privacy Rights with Public Access

The Complexity of Privacy vs. Publicity

• Inquiry into how privacy rights can be balanced with the right to public information; acknowledged as a challenging issue.

• Suggestion that each case should be evaluated individually based on general interest considerations.

Evolving Definitions of Public Interest

• Discussion about how definitions of public interest change over time, affecting privacy rights versus access to information debates.

Case Studies Illustrating Privacy Issues

• Reference made to historical cases like Caroline of Monaco’s privacy dispute highlighting changing perceptions around private spaces due to social media influence.

Need for Societal Criteria Development

• Call for society to establish criteria differentiating between private and public life amidst evolving norms influenced by technology.

Discussion on Privacy and Public Interest

Balancing Public Interest and Privacy

• The conversation revolves around the need to assess whether there is a greater public interest that justifies maximum publicity, while also striving to preserve individual privacy.

• There are ongoing discussions in Brazil regarding limitations on privacy rights, indicating a broader debate about how these issues are being handled legally.

Case Study: Child Safety and Online Privacy

• A magistrate in Brazil highlighted incidents where children attacked others, suggesting that societal perceptions of safety may be misguided.

• The speaker reflects on generational beliefs about children's safety at home versus outside, questioning if children should have unsupervised internet access due to high risks involved.

Reevaluation of Children's Rights

• The discussion emphasizes the need to rethink children's rights concerning online privacy, suggesting they may not have an inherent right to unrestricted internet access given potential dangers.

Recognition Ceremony

• The session concludes with a formal recognition for the guest speaker, indicating appreciation for their contributions to the discussion.