Los derechos fundamentales y las nuevas tecnologías de la información y comunicación: una aproximación
The use of new information and communication technologies in different areas of society is increasing. On one hand, there is no doubt that technology has a positive impact on society. However, on the other, its application cannot be unrestricted, but rather, based on a harmonious reading of th...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8328951 |
| Source: | THEMIS: Revista de Derecho, ISSN 2410-9592, Nº. 79, 2021 (Ejemplar dedicado a: Derecho y Tecnología), pags. 15-35 |
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| Summary: |
The use of new information and communication
technologies in different areas of society is
increasing. On one hand, there is no doubt that
technology has a positive impact on society.
However, on the other, its application cannot be
unrestricted, but rather, based on a harmonious
reading of the Constitution, it must be limited on
the basis of material criteria such as fundamental
rights.
In this article, the authors analyze the irruption
of new technologies –such as big data and
algorithms– in the general theory of fundamental
rights, delimiting their concepts, foundations,
contents, among others. In addition, the authors
explore the impact on certain fundamental rights
such as personal freedom and privacy. Finally,
from a critical point of view, they distinguish
when the use of these new technologies in specific
situations becomes constitutional or, failing that,
unconstitutional. |
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