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Universal Declaration of Human Digital Rights

Mnemosine publishes in this page its legal preamble.

Some preliminary remarks:

Why such a text ? MNEMOSINE has been thought to dogwatch the management of human, personal data of its members. To reach efficiently this goal, we adopted a « top-to-bottom » approach : first identify pertinent "ethical" values, then select juridical structures and adapted technologies to defend them. Thus, a crucial point is to choose these ethical values. This leads to a thinking effort about human digital rights. The mission of MNEMOSINE is not to infer with existing organizations that works on this problem, more pertinent over this topic. However, we had to write and adopt our own text, because there is no other choice.

Which methodology has been used ? We needed an international reference to human digital rights, because it is a global, dematerialized concern. Since we are talking about human rights, the only existing internationally recognized reference is the  UDHR (universal declaration of human rights of 1948), for which no digital version is recognized. Hence there is one and only one reasonable way to proceed: the UDHR must be straightforwardly interpreted in term of information system, and the result must be subordinated to it. Since this methodology has not been previously used to our knowledge, it has been called on purpose a “UDHDR” (“universal declaration of human digital rights”).

What this text for ? This text precises the mission of the organization. It is also necessary to "specify" (build) the information system. More precisely, MNEMOSINE's mission consists in requiring that the information system managing the data of MNEMOSINE members, together with the structures liables for it, be UDHDR compliant.

Universal !!! ? Obviously, MNEMOSINE does not pretend to universality, and this text is not a definitive version, but a first proposal. Mnemosine owns a democratic structure that allows safe modifications of this text, and above all can externalize it to a competent international organization. We will refer to such a reference as soon as the United Nations will adopt a version. Meanwhile, this preamble has an international scope, since it is subordinated to the UHDR. And it is a reasonable straightforward interpretation of the UDHR as an information system.  We used purposely the terminology "Universal Declaration" for the sole purpose of stimulating an international recognition of Human Digital Rights: MNEMOSINE supports the numerous organizations that participate to this global effort. The more pertinent among them could be UNESCO.

PREAMBLE

This declaration is subordinated to the declaration of Human Rights of 1948. It can not be substituted. The goal of this declaration is precise the original 1948 declaration in the context of the digital economy. All non included articles of the original text are articles for which no added precision are needed in a digital context.

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN DIGITAL RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and rights in their unique digital space. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3

Everyone has the right to control the read/write access to his or her digital space.

Everyone has the right to dispose of a storage system guaranteeing a reasonable permanence of the digital data that he or she has freely chosen to store on his or her digital space.

Article 4

Only individuals can control the read/write access to his or her digital space. Exploiting individual digital heritage against his or her will shall be prohibited in all their forms.

Article 5

No one shall be constrained using physical, psychological or technological means within his or her digital space or digital heritage.

Article 6

Everyone has the right to recognition everywhere, regardless of his or her access point, as a person before the law.

Article 7

All are equal before the law in relation to his or her digital space and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental digital rights granted him by the constitution or by law.

Article 9

No data shall be arbitrarily deleted, altered, or subtracted from the digital heritage of an individual. No one shall be arbitrarily deprived of access to his or her digital space.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his digital rights and digital obligations and of any criminal charge against him.

Article 11

1) Everyone charged with a digital penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

2) No one shall be held guilty of any digital penal offence on account of any digital act or digital omission which did not constitute a digital penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the digital penal offence was committed.

Article 12

1) No one shall be subjected to arbitrary interference on his private digital space.

2) No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation, on his protected digital space.

3) Everyone has the right to the protection of the law against such interference or attacks.

Article 13

(1) Everyone has the right to freely access digital data for which he has read rights.
(2) Everyone has the right to cancel his digital space, or to delete data, and reopen his digital space at a later date.


Article 14

(1) Everyone has the right to ask for and to enjoy a digital space in another host structure.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

* (1) Everyone has the right to a digital space.
* (2) No one shall be arbitrarily deprived of his digital space nor denied the right to change his host structure.

Article 17

* (1) Everyone has the right to own digital property alone as well as in association with others.
* (2) No one shall be arbitrarily deprived of his digital property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others, either in his public or private digital space, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the digital right to freedom of opinion and expression within his digital space; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

* (1) Everyone has the digital right to create a digital space dedicated to freedom of peaceful assembly and association.
* (2) No one may be compelled to belong to an association.

Article 21

* (1) Everyone has the right to take part in the government of the structure hosting his digital space, directly or through freely chosen representatives.
* (2) Everyone has the right of equal access to public service in the structure his digital space.
* (3) The will of the people shall be the basis of the authority of the structures hosting human digital spaces; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of the structure hosting his digital space, has the right to a reliable storage service, respecting his digital rights, including the transmission of his digital heritage. This service is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

* (1) Everyone has the right to promote his digital space, to just and favourable conditions of work.
* (2) Everyone, without any discrimination, has the right to equal pay for equal promotion of his digital space.
* (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
* (4) Everyone has the right to form and to join trade unions for the protection of his digital interests.

Article 25

* (1) Everyone has the right to a standard of adequate storage for the access, conservation, rights observance and transmission of his digital heritage.
* (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.


Article 27

* (1) Everyone has the right freely to participate in the cultural life of the digital community, to enjoy the arts and to share in scientific advancement and its benefits.
* (2) Everyone has the right to the digital protection of the moral and material interests resulting from any scientific, literary or artistic digital production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the digital rights and freedoms set forth in this Declaration can be fully realized.

Article 29

* (1) Everyone has duties to the digital community in which alone the free and full development of his personality is possible.
* (2) In the exercise of his digital rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the digital rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
* (3) These digital rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the digital rights and freedoms set forth herein.