The decree-law on the republic digital that you intend to put on foot the pro-independence Catalan and that, among other measures, allows the central Government to intervene “with exceptional and temporary” networks and telecommunications services —telephony, fiber optics, Internet…— in the event of threats to public order, he is greeted with suspicion by lawyers and experts. The Government insists that the standard, which has come this Wednesday, in effect, merely seeks to “ensure the provision” of services and “to prevent or stop cases of misuse or abuse” on the part of individuals or authorities, as the Generalitat, which manage the networks. However, fears about possible effects on fundamental rights, such as freedoms of expression and information, are the tonic among those consulted by THE COUNTRY.
Miguel Pérez Subías, telecommunications engineer and president of the Association of internet Users, qualify the decree as “absurd,” that, in their opinion, opens the door, for example, the Executive, without judicial intervention, to close a web page. The decree prevents, among other things, the use of technologies such as the blockchain for the accreditation of the identity of the people, one of the ways the government could try to replace the ID or create a tax agency parallel. Pérez Subías says that “you can’t ban the technology”. This expert considers that the decree “does not solve the problem that aims to tackle and can be dangerous”.
The Government may intervene in networks and telecommunications services for reasons of public order Sanchez to approve the decree to end the ‘republic digital catalana’ From the legal field, Borja Adsuara, a lawyer expert in data protection, the decree will raises “doubts of constitutionality.” According to him, the standard, although it is not designed to do this, it may affect fundamental rights. “The urgent need can not do is leave it in the hands of a government pre-censorship and seizure of publications, when there is a doubt on fundamental rights has to intervene the judge,” he says.
Adsuara, on the contrary, looks reasonable for the protection of citizens ‘ data which is reinforced by other measures referred to in the decree, as the requirement that the computer servers of the public administrations have to be in countries of the EU or, in cases of more sensitive data, in Spanish territory. “It’s an outrage the plan to move the data, and the administrative procedures and formalities to create a criptomoneda and a tax agency parallel or duplicated in the cloud-the institutions of the Generalitat to disconnect it from the Spanish Administration,” he says. “It’s a parallel world to the virtual, like The Sims, without any legal effect in reality,” he adds.
Enric Luján, professor of political science at the University of Barcelona, believes that the closure of web pages is “more jam” that could make the Government with the new decree. According to him, the control of the networks will allow, for example, that the Executive may create areas without connection to the Internet that is “highly segmented and surgical”. “Allows you to launch actions of the Executive, without judicial control with criteria of urgency, until it is considered that it is no longer the urgency, with subjective criteria. The ambiguity in the law is dangerous.”