Charter of Fundamental Digital Rights of the European Union

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The Charter of Digital Rights of the European Union (short also: Digital Charter ) is an initiative of Internet activists , politicians , scientists , writers , journalists and civil rights activists under the umbrella of Time Foundation , which is a general and legally binding written record of fundamental rights in the digital Challenge the world at European level . The paper was published on November 30, 2016 in German, English, French and Spanish and was to be "handed over to the European Parliament ... and the public for further discussion" on December 5, 2016 in Brussels. The charter took 14 months to develop .

program

With the charter, the digital fundamental rights desired by the initiators were comprehensively laid down in writing in the European Union . The authors were not interested in a constitutional text, but rather a basis for a social discussion about fundamental rights in the digital age. The charter is to be presented in the Committee on Civil Liberties, Justice and Home Affairs of the European Parliament .

The charter begins with a preamble expressing recognition of the Universal Declaration of Human Rights , the European Convention on Human Rights , the Charter of Fundamental Rights of the European Union and the fundamental rights and data protection standards of the European Union and its Member States, and continues in 23 articles .

backgrounds

In order to better safeguard fundamental rights in the digital space, new binding guidelines should also apply across national borders. In the age of digitization it is necessary to rethink the legal basis. Because global networking in particular offers risks and opportunities.

At the beginning of the charter there is a citizens' initiative that deals with the answer to the following question: "How can the sovereignty and freedom of the individual in the digital world be protected - against total surveillance by the state, but also against access by powerful corporations?" With the help of the Charter of Digital Fundamental Rights, a new basis is to be created.

Although there are already defenses in the individual countries that are supposed to regulate precisely these questions, there is a need for action due to the developments in recent years. Because "with the technological development [arise] new challenges for the social coexistence and the relationship between people and both state and private actors" will continue to change in such a way that not all rights are or remain transferable to the Internet .

Following the developments of globalization , the initiative calls for an expansion of fundamental rights on two levels. By claiming an EU-wide, uniform charter, the scope of action and defense of the individual is to be expanded to a larger area. This not only strengthens rights vis-à-vis one's own state, but also at a higher level vis-à-vis the EU. Furthermore, the charter is directed against powerful corporations based abroad.

The charter emphasizes that it wants to support the existing rights and not to repeal them. Rather, it is an initiative for an open discussion and further awareness to address the opportunities and risks of digital space in relation to the rights of the individual.

Contributors

The charter is supported by the 75 initiators and supporters. At the invitation of the Zeit Foundation, various representatives from the areas of public life got together and worked out a first draft in various conferences. This can be reached via the platform https://digitalcharta.eu/. Every visitor to the site can submit suggestions for changes and thereby become a contributor. Co-determination is also repeatedly advertised via various media, regardless of whether it is a signature, new entries, criticism or requests for changes.

Development of the Charter of Digital Fundamental Rights of the European Union

From the idea to the first draft

After discussions between Martin Schulz , who was already involved in the EU's 1999/2000 Charter of Fundamental Rights, the FAZ co -editor at the time, Frank Schirrmacher, and the ZEIT editor-in-chief Giovanni di Lorenzo , the proposal was made to adapt the guidelines for the digital age. This resulted in an invitation from the Zeit Foundation to work on a possible bill for new digital fundamental rights. This invitation was sent to 27 selected citizens from various areas of public life.

This first development phase lasted 14 months. Articles were negotiated, discussed, rejected and reworked in several sessions. On November 30, 2016, the first version of the Charter of Digital Fundamental Rights was published throughout Germany in ZEIT, Süddeutsche Zeitung , Die Welt and Tagesspiegel , among others .

Public Comment Phase

The first publication received criticism from many quarters. This first draft, which was understood by many to be far from being fully developed, was initially intended to raise awareness within society. This goal was strived for on various platforms. The initiators collected votes from the population both online and offline. In this first general feedback phase, over 400 comments were submitted on the website. Panel discussions, public roundtables and similar information events were also initiated.

Beta version

On April 12, 2017, a new version was written and made publicly available with the help of the submitted comments. New comment functions have been activated on the official website. As a result, not only general feedback was possible, but individual articles could also be edited or complete alternative suggestions submitted, which could then be publicly viewed and commented on. Participation was thus expanded to include other interested parties. Social media were also used to increase awareness.

re: publica 2017

On May 9, 2017, a one-day workshop with discussion groups and roundtables with the initiators was offered as part of the re: publica . All interested parties were invited through the official channels of the Charter of Digital Fundamental Rights and through the event itself. Every participant in the conference was able to take part in the public discussion and a one-day workshop on the further development of the beta version. All presentations, results of discussions and suggestions were broadcast live and are available on the archive pages of re: publica 2017. A summary of the proposals submitted by over 700 visitors have also been collected by the initiators and made available to the public.

Revised version April 2018

In response to public criticism and encouraged by the many new proposals, the initiators completely revised the charter. A new version was announced for winter 2017/18 and presented in April 2018 in the presence of Federal Justice Minister Katarina Barley . It was announced that the revised 2018 version of the digital charter would be presented to the Parliament of the European Union for further discussion. The individual articles of the digital charter can be discussed on digitalcharta.eu. You can vote positively on each article individually. However, it is not possible to give negative votes.

criticism

In an article on the website of the Frankfurter Allgemeine Zeitung at the end of November 2016, Hendrik Wieduwilt commented critically on the draft that it reads “like a wish list against hatred, data abuse and discrimination on the Internet”, but that “on closer inspection” it is even “a general attack against Internet services ”and am preparing“ a radical restructuring of the EU media economy ”.

“Digital basic rights - why actually?” Asks Niko Härting in the LTO of December 1, 2016 and attests to the digital charter published by various celebrities and the Zeit Foundation that it was at best meant well, but not well done - on the contrary: “Behind the Censorship fantasies lurk in demand for new basic rights! "

Even Michael Hanfeld from the Frankfurter Allgemeine Zeitung , the low capacity of some paragraphs and criticized calls these "elastic clause" . He also criticizes the fact that the charter was created exclusively in Germany: “That only sounds good, is contradictory in itself and can mean anything. For an initiative that is supposed to penetrate all of Europe, this is a little bit, especially since the project suffers from the fact that it is only 'Made in Germany'. "Härting also criticizes the purely German project:" So high standards, but a very German action , who unite activists from very different camps in the common belief that they are on the right course for Europe. Behind this there may be a lofty claim, but also a presumptuous attitude. 'May the world recover from the German being': In the long German post-war period, this political slogan was frowned upon. Today, however, it is believed that we Germans are called to create 'basic digital rights' for the whole of Europe. "

Web links

Individual evidence

  1. DigitalCharta: Digital basic rights in the beta phase , basicthinking.de of December 5, 2016, accessed on December 7, 2016
  2. Background - We demand digital fundamental rights. In: digitalcharta.eu. Retrieved December 1, 2016 .
  3. Digital Charter: For fundamental digital rights! In: The time . November 30, 2016, ISSN  0044-2070 ( zeit.de [accessed December 1, 2016]).
  4. Markus Beckedahl: New Initiative for a Social Network Policy Discussion: Symbolic Charter of the EU's Digital Fundamental Rights , netzpolitik.org of November 30, 2016, accessed on December 1, 2016
  5. Markus Böhm: Digitization in Europe - Celebrities draft Charter of Basic Digital Rights , spiegel.de of November 30, 2016, accessed on December 1, 2016
  6. We demand digital fundamental rights - Charter of the digital fundamental rights of the European Union. Retrieved January 17, 2018 (German).
  7. Digital Charter: For fundamental digital rights! In: The time . November 30, 2016, ISSN  0044-2070 ( zeit.de [accessed January 17, 2018]).
  8. Digital Charter: For fundamental digital rights! In: The time . November 30, 2016, ISSN  0044-2070 ( zeit.de [accessed January 17, 2018]).
  9. We demand digital fundamental rights - Charter of the digital fundamental rights of the European Union. Retrieved January 17, 2018 (German).
  10. Digital Charter: Basic digital rights in the beta phase - BASIC thinking . In: BASIC thinking . December 5, 2016 ( basicthinking.de [accessed January 17, 2018]).
  11. We demand digital fundamental rights - Charter of the digital fundamental rights of the European Union. Retrieved January 17, 2018 (German).
  12. Initiators , digitalcharta.eu, accessed on December 1, 2016
  13. News - We demand digital fundamental rights. Retrieved January 17, 2018 (German).
  14. Digital Charter: For fundamental digital rights! In: The time . November 30, 2016, ISSN  0044-2070 ( zeit.de [accessed January 17, 2018]).
  15. Digital Charter: For fundamental digital rights! In: The time . November 30, 2016, ISSN  0044-2070 ( zeit.de [accessed January 17, 2018]).
  16. Digital Charter: For fundamental digital rights! In: The time . November 30, 2016, ISSN  0044-2070 ( zeit.de [accessed January 17, 2018]).
  17. Digital Charter: Basic digital rights in the beta phase - BASIC thinking . In: BASIC thinking . December 5, 2016 ( basicthinking.de [accessed January 17, 2018]).
  18. News - We demand digital fundamental rights. Retrieved January 17, 2018 (German).
  19. News - We demand digital fundamental rights. Retrieved January 17, 2018 (German).
  20. #DigitalCharta - Do we need fundamental rights for the digital age? | re: publica. Retrieved January 17, 2018 .
  21. #DigitalCharta Con - We demand digital basic rights. Retrieved January 17, 2018 (German).
  22. News - We demand digital fundamental rights. Retrieved January 17, 2018 (German).
  23. Katharina Belihart: EU directives on the Internet: Second attempt for the " Digital Charter ". In: FAZ. April 25, 2018. Retrieved July 14, 2018 .
  24. ^ A "Charter of the EU's Digital Fundamental Rights" - The Last Word , Hendrik Wieduwilt, in the Frankfurter Allgemeine Zeitung (online) on November 28, 2016, last accessed on December 10, 2016
  25. a b c LTO: Digital fundamental rights - why actually? In: Legal Tribune Online . ( lto.de [accessed on December 11, 2016]).
  26. Charter “Digital Fundamental Rights”: A start in reverse , Michael Hanfeld, in the Frankfurter Allgemeine Zeitung (online) of December 4, 2016, last accessed on December 10, 2016