In the digital age in which we live, the intersection between Law and
Information and Communication Technologies (ICT)
has become a topic of vital importance in today's society.
The increasing adoption of ICT in all aspects of life has raised ethical and legal challenges that require a clear and effective response from legal systems around the world.
One of the main challenges facing the interaction between Law and ICT is the
need to adapt existing laws to the rapid evolution of technology
.
Many current regulations were not designed to address specific issues related to the use of ICT, such as the management and automated processing of personal data, cybersecurity or the generalization of the use of artificial intelligence, especially generative intelligence.
A major challenge is the consistent application of laws in the digital environment and it is therefore essential that the legal order is updated and adapted to ensure that the rights of citizens and society in general are protected in a constantly changing digital context.
Law is faced with the complexity of resolving online legal dispute cases, which requires it to also appropriate the benefits of technologies to support legal processes.
It can be stated that the interaction between Law and ICT also
presents opportunities to improve the efficiency of the legal system and facilitate access to legal information
.
Technologies such as artificial intelligence,
blockchain
, and cloud computing can be used to streamline legal processes, automate repetitive tasks, facilitate evidence collection, and improve court case management.
To the extent that legal service structures appropriate the use of these technologies, they also become a
resource that accelerates and inhabits the digital transformation of society
and also
contributes to providing better legal regulation solutions
.
How has this intersection evolved?
The evolution of the intersection between Law and Information and Communications Technologies has been a
dynamic process
that has been adapting to technological advances and emerging challenges in the digital world.
Over time, this intersection has experienced significant changes that have marked the way in which ICTs are called, regulated, and interacted with in the legal field.
Some of the
main stages of this evolution
include:
Adaptation of existing laws
: Initially, laws were not prepared to specifically address ICT-related issues.
Over time, there has been an adaptation of legal systems to include provisions that regulate aspects such as data protection and processing, cybersecurity, electronic commerce, digital identity, among others.
Specific legislation:
As ICTs have expanded and transformed society, specific regulatory provisions have been enacted to regulate their use.
This legal framework seeks to establish clear guidelines in areas such as online privacy, the classification of improper conduct and other aspects that are essential to recognize rights and define responsibilities in the digital age.
Conflict resolution
: Courts and conflict resolution bodies have played a crucial role in the evolution of the intersection between Law and ICT through the interpretation and application of laws in specific cases.
They have also served to reread traditional institutions of law and legal principles, in addition to the identification of new ones.
The jurisprudence generated around topics such as the liability of online service providers, the validity of digital contracts and the protection of intellectual property has contributed to laying the foundations for adequate regulation in this area.
Creation of regulatory bodies:
Government entities specialized in regulating the use of ICT, supervising compliance with laws related to technology, and promoting good practices in the digital environment have been established in many countries.
These bodies play a fundamental role in the effective application of regulations and in the protection of the rights of ICT users.
It is closely linked to the establishment of governance mechanisms.
In this development, specialized segments of legislation and legal practices are recognized for the protection of rights and delimitation of responsibilities, thus the Law extends its regulatory action through what we have known as:
Cyber Law
,
Computer Law
or simply
ICT Law
.
Currently, it is identified as
Digital Law
.
Throughout its evolutionary journey, the intention has been, and continues to be, to place emphasis on the protection of pre-existing rights and the incorporation of new ones, the result of the evolution of humanity, to extend its preventive and protective actions in the search for legal solutions, also contribute to intensifying interactions with the so-called traditional branches of legal sciences, as well as with other areas of knowledge, for example neurotechnologies, which have given rise to neurolaws.
The truth is that the Law, although it is not on par with technological advances, cannot remain distant from the activities and behavior in cyberspace to address legal issues related to the use of ICT, the Internet, social networks and other aspects. that are linked to the digital world.
The
tensions
between what is regulated and the disruptive nature of technology that demand responses from the Law, among others, are:
Protection of personal data
: Regulations that guarantee the privacy and security of personal information stored and processed through computer technologies.
Privacy and data protection regulations seek to ensure that individuals' personal information is handled ethically and securely by the entities that collect and process it.
This constitutes
one of the most critical points
in a digitalized world that is designed based on the intensive use of data for decision making and accounting value for the digital economy.
Copyright and intellectual property
: Regulations that protect intellectual property in the digital environment, including the regulation of the reproduction, distribution and use of digital content.
Electronic commerce and online contracts
: Regulations related to electronic commerce and online contracting that seek to guarantee the legal validity of electronic contracts, regulate commercial transactions on the Internet and protect the parties involved in these commercial processes carried out through platforms. digital.
Legal liability on the internet
: Regulations that establish the liability of online service providers, such as web hosting providers, social networks and content platforms, in relation to content published by third parties.
It also includes the responsibilities for the users of these services.
Teleworking and Platform Work
: Teleworking as a work modality that allows working outside the traditional area.
Platform work refers to the form of employment where workers perform tasks through digital platforms that connect employers with workers.
In both cases, the need arises to regulate labor rights, social protection and regulation of working conditions.
Digital identity and means of authentication
: Digital identity refers to the representation of a person in the digital environment.
It includes personal information, such as name, photos, social media profiles, browsing history, online transactions, among other data.
It is the
virtual image
that a person or entity has in the digital world and plays a crucial role in the way they are perceived online, as well as in the management of privacy and security in cyberspace.
It recognizes all the means that can be used to register the will in the digital environment: clicking, digital signature and biometric means, demonstrating relationships of trust.
Cybersecurity
: Cybersecurity is another crucial area where Law and Technology converge.
Regulations and laws that address the protection of computer systems and the prevention of computer crimes, such as unauthorized access, cyber fraud and data theft.
Regulations in this field seek to prevent and punish cyberattacks, protect the integrity of data and digital infrastructures, as well as promote online security.
With the emergence of artificial intelligence in our lives, the need arises to encourage reflection on this reality from the Law to adequately regulate its development, promote innovation and its ethical use, as well as define legal responsibility in the event of damage caused by artificial intelligence. algorithms, robots or automated systems used to solve complex situations and provide services according to technological evolution in today's society.
The Law faces the challenge of adapting and developing the legal system that addresses the challenges and opportunities posed by the technologically advanced society from which digital rights arise, as an extension of protection of the
fundamental rights of people in the digital environment
. such as freedom of expression, the right to privacy, access to information and establishes clear standards that reflect democratic principles and respect for human dignity in the digital age.
Digital Law is a specialized area that is constantly evolving, as technologies and the way they are used continue to change rapidly.
How to understand Digital Law in Cuba?
The Constitution recognizes the importance of the information society and promotes access by all citizens to information and communication technologies (ICT) as a
fundamental right
.
It contains the legal bases to legislate various issues related to the information society, technology and innovation.
In addition to this, the protection of privacy and security of citizens' personal data in registries, files or other public databases and information is recognized, guaranteeing its appropriate use, non-disclosure and limiting its access by from third parties.
It also establishes the right of citizens to access public information and promotes transparency in the management of public affairs.
The Cuban State
promotes the advancement of science, technology and innovation
as essential elements for economic and social development.
It also develops forms of organization, financing and management of scientific activity;
promotes the systematic and accelerated introduction of its results into production and service processes, through the corresponding institutional and regulatory framework.
From our development model,
technological development and innovation
are promoted as pillars for progress in various sectors of Cuban society.
On the other hand, digital transformation is a more complex concept, which seeks solutions from a digital environment, in which the process must not only adapt to new technologies or focus on improving the user experience.
In addition, it requires legal support, leadership and training of actors to carry it out and the strengthening of local government structures is promoted, encouraging citizen participation in decision-making, as well as the management of resources. in communities, with the digital ecosystem being a way to exercise this citizen right.
So we can understand that the
Cuban Constitution of 2019
establishes a legal framework that promotes the information society, technology and innovation, from which our digital right arises, finding a correlation with the current computer legislation and in turn with other norms that are related, although they are special for the matter they regulate.
Both this related legislation and the Cuban legislation on the computerization of society have the main objective of promoting the use of ICT in all areas of the social, economic and cultural life of the country.
Among the most relevant
laws and regulatory provisions
in this area are:
Law No. 88 of 1999
, for the
Protection of National Sovereignty and the Economy of Cuba
.
Establishes measures to protect national sovereignty in cyberspace and guarantee information security.
Decree Law No. 370 of 2018
, contains regulations for the use of ICT, computer security and the protection of information in Cuba.
Decree Law No. 35 of 2021
regulates the creation, management and use of computer networks in the country, promoting their development and expansion.
Decree No. 360 of 2019
, On the
Security of Information and Communication Technologies and the defense of National Cyberspace
.
Decree No. 359 of 2019
, On the
Development of the Cuban computer programs and applications industry
.
Resolution No. 98 of 2019 of the MINCOM
that defines the
policies and strategies for the development of computerization in Cuba
, including the promotion of the use of free software and the training of professionals in the area of ICT.
Law No. 149 of 2022, Protection of personal data
.
It offers the necessary security to protect the privacy of the information held in institutions or public services.
Decree Law No. 3 of 2020
, of the
National System of Document Management and Archives of the Republic of Cuba
.
Complemented by
Resolution No. 202 of 2021 of the CITMA
that establishes the
General Guidelines for the digitization of documentary sources of the Republic of Cuba
.
Decree No. 42 of 2021
,
General Regulation of Telecommunications and Information and Communication Technologies
.
Decree No. 43 of 2021
,
Regulations on the use of the Radio Spectrum
.
Law No. 154 of 2022
,
On copyright and performer rights
.
Social Communication Law
.
Thus, our legal system regulates and promotes the use of ICT to modernize the economy, strengthen education and culture, improve the efficiency of public services and promote citizen participation in the digital age, constituting the legal basis to extend our digital transformation
vision
.
The systematic analysis for its updating and incorporation of new subjects subject to regulation is a permanent task of the regulatory bodies and the academy.
In turn, legal professionals must be aware of the latest technological innovations and understand how they affect society, the economy and rights.
Additionally, contribute to the legal culture of the population, providing it with the legal foundations that support our legislation on these issues, promoting conscious compliance with what is established and generating the legislative capacity to reduce the response times required by the regulation of reality. social that emerges from the interaction with technologies, increasingly disruptive and everyday in our lives.