scholarly journals THE DIGITAL IMPACT ON THE CONSTITUTIONAL HUMAN RIGHTS

2020 ◽  
Author(s):  
Y.V. Pechatnova
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Digital Technologies ◽  
Controversial Issues ◽  
Constitutional Rights ◽  
Audit System ◽  
Digital Era ◽  
Legal Risks ◽  
Two Component ◽  
Reading System

The article analyzes the controversial issues of protecting the constitutional rights of citizens to information, to privacy, as well as to preserve the secrecy of correspondence, telephone conversations, and other messages in the digital era. The study identifi es major legal risks of using the advanced information processing methods in the new digital reality: fi rst, the risk of unintentional deanonymization of personal data; secondly, the risk of generating falsifi ed information. We propose solutions, such as introducing an information audit system and a two-component information reading system. They can help to overcome the legal risks of data deanonymization and information falsifi cation. We conclude that digital technologies have a signifi cant impact on the content and methods of protecting some constitutional rights of citizens.

scholarly journals Constitutionalization of digital rights: domestic practice and foreign experience

2020 ◽  
pp. 129-133
Author(s):  
Natalia Verlos
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Digital Transformation ◽  
Constitutional Rights ◽  
Digital Rights ◽  
Constitutional Level ◽  
European Court ◽  
Right To Information ◽  
The Right ◽  
Digital Human

The article covers the topical problem of constitutionalization of digital human rights in the conditions of digital transformation.The study analyzes doctrinal approaches to the definition of digital human rights as a legal category, the monitoring of the positive internationalexperience of constitutionalization of digital rights, which can be borrowed in the process of the constitutional reform inUkraine.In the study, based on the analysis of normative experience of foreign countries, the author proposes to identify two ways ofdomestic regulation of digital rights: first, it is the constitutionalization of digital rights, with changing the text of the constitution toregulate digital rights at the highest constitutional level, and second, it is the digitization of constitutional rights, when the rightsenshrined in the constitution become updated on the basis of constitutional decisions, the case-law of the European Court of HumanRights or in the relevant legislation.It is proposed to distinguish “digital rights”, including the right to access to electronic devices and telecommunications networks(Internet), the right to protection of personal data, the right to information self-identification, the right to anonymity, the right to be forgotten,the right to free transfer and dissemination of information, etc. However, it should be taken into consideration that in the processof reforming and carrying out constitutional and legal modernization, it is necessary to take into account the possibility and necessityof the realization of fundamental human rights, which are already defined in the Constitution of Ukraine, but are being implemented inthe conditions of digitalization.It is emphasized that in the process of development of the constitutional law of Ukraine the potential of digital transformation isnot realized in full today, and perspective tendencies have such priorities as the development of network forms of interaction, communicativetechnologies of control and planning, formation of qualitatively updated model of digital rights development. Also, in order toincrease the effectiveness of the implementation of digital rights, it is necessary to use the legal reception from countries where constitutionaland legal modernization has already taken place taking into account the digital transformation and has a positive experience ofregulation, including at the highest constitutional level. It should be borne in mind that in addition to ensuring and implementing digitalhuman rights, it is necessary to develop a concept of digital duties and responsibilities for the violation of these rights in order to preventnegative risks and abuse.

scholarly journals Russian experience of using digital technologies and legal risks of AI

2020 ◽  
Vol 224 ◽  
pp. 03005
Author(s):  
Elena Trikoz ◽  
Elena Gulyaeva ◽  
Konstantin Belyaev
Keyword(s):  
Personal Data ◽  
Digital Technologies ◽  
Legal Regulation ◽  
International Standards ◽  
Practical Implementation ◽  
Scientific Methods ◽  
Legal Provisions ◽  
Legal Risks ◽  
Analysis And Synthesis ◽  
General Scientific

The aim of the present article is to analyze the Russian experience of using digital technologies in law and legal risks of artificial intelligence (AI). The result of the present research is the author’s conclusion on the necessity of the practical implementation of legal provisions in this area, and their judicial enforcement in federal subjects with the aim of compliance with international standards of human rights. The authors concluded that in the Russian Federation, there is no normative and technical regulation of the process of destruction of personal data, which creates serious problems for operators. The research methodology based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods). Moreover, the range of legislative and law enforcement problems in the field of using AI technology is very extensive. For this reason, the authors of the article used the methodology for collecting data on legislative acts and legal regulation in the field under research. A number of federal and regional legal acts were analyzed using systemic-structural and formal-dogmatic methods, including the research of their practical orientation and effectiveness for modern challenges.

DIGITAL TECHNOLOGIES AND NEW POSSIBILITIES OF REALIZATION OF СONSTITUTIONAL HUMAN RIGHTS AND DEMOCRACY: ANALYSIS OF SOME CONTROVERSIAL ISSUES

2020 ◽  
pp. 90-108
Author(s):  
Elena Alferova ◽  
Keyword(s):  
Human Rights ◽  
Digital Technologies ◽  
Controversial Issues ◽  
Digital Rights ◽  
The Impact

The article discusses the impact of digital technologies on the development of traditional human rights and democracy the formation of new types of human rights, which are defined as generation of digital rights.

IMPLEMENTATION OF CUSTOMER IDENTIFICATION MEASURES USING NEW DIGITAL TECHNOLOGIES

2020 ◽  
pp. 21-27
Author(s):  
Irina Mikheeva ◽  
Keyword(s):  
Personal Data ◽  
Digital Technologies ◽  
Technological Infrastructure ◽  
Blockchain Technology ◽  
Legal Risks ◽  
Customer Identification ◽  
Authentication System ◽  
Remote Identification ◽  
And Storage ◽  
Modern Technologies

The article deals with the issues of customer identification using new modern technologies that make it possible for banks to carry out more effective measures to counteract the legalization (laundering) of proceeds from crime. The author analyzes the current Russian legislation and regulations of the Bank of Russia in terms of remote identification of individual customers for individual banking operations. The mechanism of remote identification is considered, within which a technological infrastructure has been developed, including a Single biometric system and a Single identification and authentication system. The article notes that the introduction of remote identification provides advantages for both banks and Bank clients. The ability of banks to use identification data obtained by other credit institutions is the main goal of changes to the remote identification procedure. At the same time, credit organizations in such cases, taking into account the recommendation of the Basel Committee, should not forget to implement the “know your customer” policy. The paper examines the practice of Russian banks in the framework of pilot projects on the use of blockchain technology for remote identification and storage of information in relation to customers, in particular, on the example of a pilot KYC Project based on Masterchains. The author identifies the main legal risks of using new digital technologies, and emphasizes the need to ensure the safety of personal data.

Human rights in the digital age: Challenges, threats and prospects

2021 ◽  
Vol 28 (1) ◽  
pp. 15-23
Author(s):  
Oleksandr V. Petryshyn ◽  
Oleh S. Hyliaka
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Public Relations ◽  
Socioeconomic Development ◽  
Personal Data ◽  
Digital Technologies ◽  
Modern Society ◽  
Stage Of Development ◽  
Digital Knowledge ◽  
The Right

The current stage of development of public relations is described by a rapid increase in digital technologies. Intensive development of science and active technological progress have become the main characteristic features of modern society. This has affected the specific features of people’s lives in society, the exercise of their rights and freedoms, and has become a catalyst for the development of a new category of human rights – “digital” rights. The purpose of the study is to analyse the main threats and challenges facing human rights and freedoms in the context of digitalisation, and to develop proposals on promising ways to protect against these threats. The study conducts a theoretical and legal research of problematic issues of the implementation of human rights in the context of mass digitalisation of public relations, indicates that the era of digital technologies provides completely new and qualitatively different opportunities for their implementation, but at the same time it creates new challenges and threats to ensure these rights and freedoms. It is noted that classical human rights and freedoms are being transformed, filled with new aspects and content, and branched out into those that are related to the digitalisation process. The results of digitalisation of many spheres of life require comprehension and adequate formulation of the legal mechanism for regulating, implementing, protecting the already existing and emerging human rights for the purpose of sustainable socioeconomic development, ensuring the implementation and protection of constitutional human and civil rights and freedoms. The study focuses on new rights such as the right to be forgotten, the right to anonymity, the right to protect personal data, the right to digital education and access to digital knowledge; rights related to the protection of genetic information; rights to take part in property turnover in the digital sphere

scholarly journals Human Rights and Freedoms in the Digital Era: Problems and Perspectives of Their Establishment in the Eurasian Space

2019 ◽  
Vol 12 (4) ◽  
pp. 93
Author(s):  
Baranov Pavel Petrovich ◽  
Mamychev Aleksei Yurievich ◽  
Mordovtsev Andrei Yurievich ◽  
Soloviev Oleg Vyacheslavovich ◽  
Gnatovskaya Elena Nikolaevna
Keyword(s):  
Human Rights ◽  
Social Systems ◽  
Digital Technologies ◽  
Political Organization ◽  
Digital Information ◽  
Life Activity ◽  
Managerial Decisions ◽  
Digital Era ◽  
Human Rights Standards ◽  
Political Decisions

The article touches upon the process of transformation of a socio-political organization in the legal system, caused by integration of digital technologies and autonomous algorithmic systems. It is justified that the development of machine education and artificial intelligence systems can result in human suspension from taking important social and political decisions. Impermeability and fluidity of modern digital technologies provides hidden functioning mode of the latter, whilst their specificity is not included in the formulated agenda, creating and taking managerial decisions or planning everyday life activity. The article proves that the aftereffects of the fourth technological revolution claim for returning of the human rights standards, freedoms and legal interests as the leading form of a reference point in the global digital rivalry and in the development of certain social systems, also the necessity to establish a distinct system of human rights guarantee and human safety in the era of developing principally new digital relations is proved. Meanwhile, digital information legislation needs systematization and a strict consistent state.

scholarly journals Digital Technologies in Litigation vs Digital Human Rights

2021 ◽  
Vol 7 (2) ◽  
pp. 118-129
Author(s):  
Liudmyla OSTAFIICHUK ◽  
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Digital Technologies ◽  
Poor Quality ◽  
The State ◽  
The Internet ◽  
Access To Justice ◽  
Court Decisions ◽  
Human Right ◽  
Digital Human

The article is devoted to the study of human rights in terms of data available to an indefinite number of persons in the electronic services of the site Judiciary of Ukraine. It is established that along with the availability of the Internet the protection of fundamental human rights should be developed in any information environment. It is proved that the possibility of litigation online is combined not only with the availability of the Internet of a person - a participant in the process but also the current technical inability of a significant number of courts to onduct high-quality court hearings. The main obstacle is the poor quality of communication infrastructure and the lack of knowledge and skills of using digital technologies of the majority of the population. These obstacles must be removed by the State which has a duty to provide the basis for the dignified treatment of every member of society. It has been found that the openness of court decisions affects access to justice and does not promote respect for the rights of individuals to the confidentiality of personal data private and family life. It is substantiated that the indefinite storage of electronic copies of court decisions violates the human right to be forgotten. In order to overcome the identified gaps in the regulation of the use of digital technologies in the judiciary it was concluded that a clear regulatory environment should be created to achieve a balance of interests of the state and society and protect fundamental human rights in the digital age because the essence of man and changes.

Involuntary Circumcision of Males in Illegal Initiation Schools in South Africa: A Violation of African Customary Human Rights?

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Porsche Makama
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Cultural Beliefs ◽  
Young Men ◽  
Cultural Tradition ◽  
Constitutional Rights ◽  
Topical Issue ◽  
Community Members ◽  
Human Right ◽  
Traditional Practice

The incidence of deaths associated with the practice of forced and botched circumcisions at initiation schools has become a topical issue in South Africa. In recent times, the number of deaths and injuries among initiates has risen at an alarming rate, most of them occurring at illegal initiation schools. The continuous rise in the number of injuries among initiates at these schools has elicited mixed reactions among community members, some referring to it as genocide in the case of fatalities and calling for its abandonment, while others argue that this traditional practice should be allowed to continue. The majority of young men who go to initiation schools do not make the decision on their own, nor do they have a choice in the matter. Instead they are compelled by parents or guardians, influenced by friends, and also coerced by others in the community who insist that they have to ‘go to the mountain’, as initiation schools are generally referred to in South Africa. It has been argued by those against circumcision that this practice infringes constitutional rights and contravenes the Children’s Act 38 of 2005. There have been numerous instances where young and even mature males have been taken from the streets, or even from the comfort of their homes, and forced into circumcision camps with or without their consent. This begs the question whether the continued practice of a cultural tradition that violates the fundamental human right and freedom to choose religious and cultural beliefs is justifiable.

Contemporary Developments Relating to the Inviolability of Mission Premises

2017 ◽  
Author(s):  
Juan E Falconi Puig
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Urban Planning ◽  
National Security ◽  
Direct Consequence ◽  
Access To Justice ◽  
Controversial Issues ◽  
The United Kingdom ◽  
Domestic Legislation

This chapter addresses some of the controversial issues relating to the inviolability of mission premises. The Yvonne Fletcher incident of 1984 led to debates about the need to upgrade or reform the VCDR in that regard; and the United Kingdom, as a direct consequence of the incident, adopted the ‘Diplomatic and Consular Premises Act 1987’ to be able to adopt unilateral measures to remove premises immunity where threats to national security, to public integrity and/or the need of urban planning exist. Domestic legislation of this kind, however, also provides ground for conflicts with the VCDR. This chapter explores conflicts between property immunity and issues such as access to justice, human rights, and terrorism and examines ways of overcoming such difficulties through mechanisms which safeguard diplomatic privileges and immunity to allow the pursuit of diplomatic functions.

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