The Peculiarities of Legal Nature of Digital Human Rights

Abstract

The article is devoted to the analysis of the peculiarities of the legal nature of digital human rights. The author emphasizes theexisting terminological contradictions in scientific doctrine regarding the name of this group of human rights. Thus, it is noted thatresearchers call the rights that are associated with the development of information (including the Internet) technology: information, virtual,digital (digital rights), Internet rights (Internet rights), the right to communicate rights to communicate), freedom to connect withany person, at any time, in any place, for any purpose (freedom to connect – to anyone, anytime, anywhere, for anything).In order to achieve the purpose of the study, the author drew attention to the understanding of the concept and features of theInternet both in scientific doctrine and at the legislative level. The author emphasizes the problematic aspects that exist in the directionof distinguishing between digital and information rights, noting that the legal nature of the latter is not clearly defined. In attempting tomake such a distinction, the author notes that the object of both rights under study is information, however, digital rights exist due tothe existence of the Internet, and therefore contain a communication component. However, digital rights, while largely identical in contentwith the right to information, nevertheless emerge as a whole new area of human rights.In addition, in the course of the study the author considered the main types of digital rights. In particular, it is stated that digitalrights include the right to access the Internet, the right to protection of personal data and the right to be forgotten. However, the authordraws attention to the fact that in addition to digital rights, there are also obligations that arise from them, as a result of which he definesthe legal obligations associated with the implementation of each of the studied digital rights, using the provisions of international law,national legislation, foreign experience and case law. In addition, the need to conduct research in the field of legal obligations throughthe prism of the implementation of digital human rights was emphasized.