The digitalization of the public sphere and its impact on political fundamental rights

Digitalization and artificial intelligence are causing great changes in the relationship between public authorities and citizens. In fact, in some areas, the scope and exercise of fundamental rights are being directly affected by the new capabilities that digitization enables public authorities and other actors in the public sphere. In Spain, there have been two paradigmatic cases in recent months. Firstly, the approval of an electoral law reform regulating the use of technological means and personal data in electoral activities and, specifically, the possibility for political parties to collect personal data relating to people's political opinions. Secondly, the so-called Digital Decree, which recognises the possibility of the General State Administration of directly managing or intervening in electronic communications networks and services in certain exceptional cases that may affect public order, public security and national security.