THE RIGHT TO BE FORGOTTEN AS ONE OF THE FUNDAMENTAL HUMAN RIGHTS IN THE DIGITAL AGE

Abstract

The purpose of the article is to research the right to be forgotten, as one of the basic human rights in the digital era. Research methods: documentary analysis, generalization of legal information. Results: the article analyzes one of the basic human rights in the digital age – the right to forget. It is indicated that since the beginning of the development of modern technologies, in particular with the advent of the global Internet system, humanity has entered a time when it is possible to exercise its rights not only in the material dimension, but also in the digital one, in connection with which questions arise of guaranteeing and protecting digital human rights. Moreover, the full-scale war in Ukraine has become a catalyst for a number of problems in guaranteeing human rights. On the one hand, digitalization is the basis for hybrid warfare and «hacker attacks», theft of information, distortion of data, on the other hand, it creates conditions for access to various types of public and other services, the introduction of digital tools in the system of protection of citizens’ rights should become the basis for guaranteeing access to quality public services. Discussion: it is stated that the concept of «digital rights» is not enshrined in the current national legislation, which causes certain difficulties in approaches to law enforcement. Some authors point out that digital rights should be understood as a system of norms and rules of conduct that enshrine human rights and freedoms regarding proper access and use of electronic devices, the possibility of creating, using and publishing digital goods, as well as communication networks, in particular, the Internet.

It is noted that the emergence of digital rights is associated with the emergence of the right to demand the removal of personal data, confidential information about a person from the Internet. In particular, such a right is called the «right to erasure» or «the right to be forgotten».

It is concluded that the right to be forgotten, although relatively new, is one of the basic human rights in the digital age. Of course, the introduction of this right faces uncertainty in the field of law enforcement, and from the American point of view, the European right to be forgotten is catastrophic for freedom of expression, but the «right to be forgotten» is a relatively recent and new legal concept with major implications for Internet politics. Freedom of expression and privacy. This leads to the need to introduce the right to be forgotten in Ukraine, in particular, to reform the legislation in the field of personal data protection by introducing appropriate norms into the current national legislation. In addition, it is necessary to create fundamentally new tools for protecting a person from posting personal data, as well as mechanisms for deleting these materials through the introduction of a mechanism of legal liability.