ON THE ESTABLISHMENT OF THE POSITION OF OMBUDSMAN FOR THE PROTECTION OF HUMAN RIGHTS WHEN USING INFORMATION TECHNOLOGIES IN RUSSIA

Abstract

The article argues for the need to introduce the position of specialized ombudsman in the Russian Federation, whose competence will include the protection of human rights in the digital space, including the Internet. Purpose: to formulate and substantiate proposals for the establishment of the position of ombudsman for the protection of human rights in the field of information and telecommunication technologies. Methods: the research is based on the comparative legal method. The author analyzes the experience of foreign countries – Australia, Canada, Belgium, New Zealand, where independent state institutions operate to protect the rights of individuals when using information technologies, including the right to information and the right to privacy. The method of interpretation of legal norms and provisions of strategic documents of the Russian Federation is also applied. Results: analyzing Russian practice, the author concludes that federal executive authorities, in particular Roskomnadzor (Federal Service for Supervision of Communications, Information Technology and Mass Media), whose functions include the protection of the rights of subjects of personal data, cannot be considered as analogous human rights institutions. They are not independent and, therefore, cannot take sufficient action if other government agencies act as violators. For this reason, it is concluded that it is advisable to establish a specialized ombudsman.