Digital Rights of Citizens in the Context of Public Administration of Social Security in Ukraine

Abstract

The article deals with the issue of formulating the definition of the concept of “digital law” of citizens, reveals its essence, proposes a system of substantive components of “digital law” and substantiates recommendations for its consolidation in the Civil Code of Ukraine. It is determined that the content and essence of the concept of “digital law” should be understood as the right of individuals and legal entities to free access to the use of electronic devices and telecommunication networks intended for data transmission. The author substantiates the substantive components of the concept of “digital law”, namely, the right to free access to telecommunication networks for the transmission of publicly available information, the right to digital self-determination, the right to use electronic tools of democracy, and the right to be forgotten. It is emphasized that the legislative consolidation of the content of the concept of “digital law” and its components in the updated Civil Code of Ukraine should provide a regulatory framework for further development of secure cyberspace in the context of public administration of social security in Ukraine, which is becoming a priority for the modern state in times of war. The article also considers that an important right which, in our opinion, should be introduced into the Civil Code of Ukraine is the right to digital self-determination. This right is a new norm in national and international law and is determined by the circumstances of the growth in the number of public and social services provided on the Internet, with a certain curtailment of such services in the offline space. It is noted that in the context of public administration of social security in Ukraine, the concept of “digital law” should be understood as the rights of individuals and legal entities to free access to the use of electronic devices and telecommunication networks intended for data transmission. The following rights should be officially recognized as substantive components of the concept of “digital law”: the right to free access to telecommunication networks for the transmission of publicly available (unprohibited) information (access to the Internet), the right to digital self-determination, the right to use electronic tools of democracy, the right to protection of private data and the right to be forgotten.