translated from Spanish: Digital Rights in the Magna Carta: the return to growth and competitiveness

Chile’s new Constitution will govern, if approved in the exit plebiscite, in the context of what has been called the Fourth Industrial Revolution. This is undoubtedly a tremendous opportunity to accelerate the digital transformation and modernization, especially of the State of Chile, and thus be able to meet the high expectations of citizens and existing social demands. Consequently, there is a need to explore the subjects, rights or principles that could be incorporated into the constitutional text or serve as a basis for the elaboration and consecration of the new Constitution.
With an increasingly digital economy, we believe a renewed commitment to digital education and skills is needed. We must ensure that the systems for the preparation, training and retraining of the current and future workforce ensure the insertion of workers in the Chile of the future. According to the OECD, only 6% of the population has the necessary skills to cope with the technological changes that are taking place, and 42% of the general population does not even have the basic skills. Over the next five years, we estimate that the global workforce can absorb about 149 million new technology-oriented jobs.
With regard to connectivity, there are still large gaps in our country, while in urban areas connectivity reaches 76.1% of the population, in rural areas it only reaches 49%. Regulation reform is needed and policies pushed to stimulate programs that expand internet access. State investments in infrastructure should include specific funds to expand coverage in rural areas that currently lack access to broadband. In cases where market forces alone do not bring broadband access to rural communities, these funds should be available for use by multiple technologies based on the most cost-effective one available, including fiber, fixed wireless, TV White Spaces and the use of satellites.
The State of Chile must modernize to be more efficient. Providing face-to-face paperwork costs the government up to 40 times more than the equivalent service on a digital platform could cost. Cloud computing enables government organizations to adapt with agility to new demands and challenges. Services that previously required large capital investments and long deployments can be launched in a matter of weeks or even days. Therefore, we value the approval of the Digital Transformation Law of the State that modifies the bases of the administrative procedures for its digitization; seeking that all administrative procedures be expressed through electronic means. In addition, we must train public officials in the use of these new technologies and ensure high levels of cultural commitment to change and transparency.
In relation to sustainability, for the technology sector, two aspects are visualized. Firstly, it will increase the pressure on companies to make the use of technology more sustainable. Since the data centers that power the cloud are among the world’s largest electricity consumers, companies will have to act faster than in recent years to use more and better renewable energy, while increasing work to improve electrical efficiency.  Moreover, progress towards reducing global carbon pollution requires bold targets and detailed plans.
In the field of National Security we cannot forget the role that Cybersecurity will play. Since threats in cyberspace do not stop at national borders, it is essential that governments focus their cybersecurity incentives by recognizing that reality; and to integrate into them international norms and standards, as far-reaching as possible, bearing in mind the goal of harmonization. Governments will also need to adapt their policies to ensure the security and resilience of their systems. The creation of an agency in charge of cybersecurity is critical, although it does not need to have constitutional status for it to function properly, an approach consistent with comparative law.
A central issue is personal data. We believe that privacy is a fundamental human right, and as people rely more on technology to operate their businesses, relate to friends and family.Chile needs cross-cutting legislation and clear rules on privacy that meets the needs of this century better than the current data protection law. In 2017, a bill to amend the current data protection law No. 19,628 was presented for discussion in the Chilean Congress; establishing a structure that advances in the same line of the most mature legislations in the world. In the same vein, chile’s current Political Constitution included the protection of personal data as a constitutional guarantee in 2018. We believe that this constitutional rule should be maintained and we do not see that the new personal data authority should have constitutional status, which is consistent with comparative law.
In terms of Artificial Intelligence, the main challenge in Chile and the world is to gain the trust of people and society in general. We believe in a human-centred approach, with system designs based on universal and timeless values, and that their development and deployment be guided by principles deeply rooted in fundamental freedoms. Given the nearly infinite scenarios and domains in which it can be deployed in AI, it will be important that any regulation, whether enacting new laws or interpreting existing ones, responds to the risks it seeks to mitigate, but without restricting the beneficial uses of AI or undermining incentives for innovation or impeding the development of its vast potential. We understand that, in some cases, it may even be appropriate for AI technology to continue to develop and mature before rules or regulations can be created and determine whether, and how, to better govern its use or set limits on its development and adoption.
All this great development that we anticipate requires a solid open data strategy. Without data, there is no AI development. AI systems depend on database access to function properly.
As can be seen, the opportunity that Chile has is enormous and the discussion of a new Constitution is a unique instance for us to make a leap and thus be able to insert ourselves in the list of the most competitive, most inclusive, most developed, most modern and fair countries. However, the opposite is what has been happening, Chile sank to its worst historical position in the traditional Global Competitiveness Report of the IMD. This year Chile was ranked 44th, down six places from the year’s version. That is why we must act with responsibility and a sense of urgency to reverse this trend and return to leading the region. The new Constitution can give us that strength to take off from a stronger and more cohesive platform, so be it.
 
The content of this opinion column is the sole responsibility of its author, and does not necessarily reflect the editorial line or position of El Mostrador.

Original source in Spanish

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