Privacy and the concept of generations of human rights

Abstract

The article studies the approaches to the concept of the «private sphere» of human life that are present in legal thought. Attentionhas been paid to the principles on the basis of which the human rights and freedoms in interstate relations are protected. The circumstancesthat are important for finding the optimal correlation between the human right to personal data protection and the right to informationare considered. The theoretical approaches to the concept of «three generations» of human rights that are present in legal thoughtare studied. The description of different generations of human rights is given. The discussions on the third generation of human rightswhich are ongoing and show that the list of human rights is not permanent and can be extended are considered. The consideration isgiven to the need to ensure human rights in the information society. Attention is paid to the issue of distinctive features of the «personalrights» category. It is indicated that personal rights are usually attributed to the so-called first generation of rights (in accordance withthe historical stages of affirmation of rights). The circumstances under which the right to respect for privacy arose are clarified. Thephenomenons that form the basis of the right to privacy of personal information and of the awareness of the concept of the «privatesphere» of human life are highlighted. The emergence of the right to respect for privacy as a broader category, which later became thebasis for the development of an independent legal institution of personal data is considered. The history of judicial approbation of thefirst concept of the right to privacy in the United States is reflected. The problematic aspects of legal formation of the right to privacyare considered. The position that is present in legal thought according to which it is advisable to divide the general problem of protectinghuman privacy into sectors that require separate legislative regulation is studied. It is stated that the «personal rights» category meansthat the subject has such acts that ensure his or her autonomy, priority of internal, individual guidelines. The measures that can help tosolve the problems related to finding an optimal correlation between the human right to personal data protection and the right to informationare proposed.