/ Digital agenda and the new constitution

January 25, 2022

Macarena Gatica L.
Alessandri Abogados


Among the issues related to technology and law in the year 2021, we cannot ignore the work of the constituent convention.  The constitution must enshrine the bases and principles of fundamental rights in the digital field, which determines the guidelines for the actions of the state bodies, recognizing an already existing reality. The challenge is to enshrine rights and regulate without being an obstacle to the development of new technologies.  Faced with an evolving market, regulations must be flexible.  It is necessary to weigh the benefits with the undesired effects, the infringements to rights, focusing on the dignity of the person and the common good.  Therefore, the constitution must enshrine guidelines, which must be implemented by laws.

For example, at the constitutional level and in relation to digital rights, we should consider guaranteeing in the digital sphere fundamental rights, the universal right of access to the Internet, digital literacy and data protection.  These rights would be the guideline for the definition of public policies, generating inclusion and greater equality, through specific laws, for example, the personal data protection law that will regulate compliance with the constitutional mandate to provide adequate protection of natural persons’ personal data, or rules that establish new curricula to materialize digital literacy in school, technical and university education.

This will allow flexibility or adaptation to technological progress.  By means of regulations, it will be possible to adapt the exercise of these fundamental rights to the evolution of technologies and society.

There seems to be a consensus on the above matters.  We hope that the final result takes advantage of the opportunity to enshrine digital rights that adapt to the current reality in matters of technology, innovation and internet.