The Regulation of the Right to Digital Education

Abstract

Until very recently, the recognition of the right to digital education has been scarce and full of difficulties. These complications have not only been the result of the absence of regulation but also the lack of infrastructure and resources necessary for its effective implementation among teachers and students. The Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, includes, for the first time in Spain, the right to digital education, not only as a right but also as a tool capable of contributing to the quality of teaching and ensuring the integration of students into the knowledge and information society. The Law involves the educational administration in the implementation of this right, requiring it to include digital competence in the curriculum development. Likewise, the norm also requests that the training of teachers be ensured in order for them to acquire the necessary competencies and skills to successfully approach digital or online learning processes. Additionally, it links the training of teachers and students in the use and security of digital media to the guarantee of fundamental rights on the Internet. This article analyzes the concept of digital education, the right to digital education, its background, and the current regulatory framework in Spain and Europe.