DIGITAL TRANSFORMATION OF SOCIETY IN THE MIRROR OF CONSTITUTIONAL JUSTICE IN THE EAEU COUNTRIES

The article provides an overview of the legal positions of the constitutional control bodies of the EAEU countries on various aspects of digitalization of social relations. The article examines the decisions of the constitutional courts and other bodies of constitutional justice on the constitutionality of normative legal acts regulating such areas as biometric identification, dissemination of mass information on the Internet, including personal information and personal data, the use of ‘parental control’ software tools, etc. The author concludes that the issues of ensuring constitutional guarantees of privacy, personal and family secrets in the process of using information technologies have become the most widespread in the jurisprudence of constitutional control bodies. The constitutional justice authorities of all the studied states emphasize that human rights and freedoms retain the same importance in the digital world as in the ‘physical’ reality. At the same time, digitalization entails the appearance of objective restrictions in the realization of human rights and freedoms. This makes it necessary to find the limits of permissible restrictions in terms of their proportionality and fairness.

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Publication Details

Journal
European and Asian Law Review
Published
2024-08-20
DOI
https://doi.org/10.34076/27821668_2024_7_1_54
Primary Topic
Legal and Policy Issues
Type
article
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article

DIGITAL TRANSFORMATION OF SOCIETY IN THE MIRROR OF CONSTITUTIONAL JUSTICE IN THE EAEU COUNTRIES

Артур Мочалов
European and Asian Law Review
Legal and Policy Issues
article

DIGITAL TRANSFORMATION OF SOCIETY IN THE MIRROR OF CONSTITUTIONAL JUSTICE IN THE EAEU COUNTRIES

Артур Мочалов
article en

Abstract

The article provides an overview of the legal positions of the constitutional control bodies of the EAEU countries on various aspects of digitalization of social relations. The article examines the decisions of the constitutional courts and other bodies of constitutional justice on the constitutionality of normative legal acts regulating such areas as biometric identification, dissemination of mass information on the Internet, including personal information and personal data, the use of ‘parental control’ software tools, etc. The author concludes that the issues of ensuring constitutional guarantees of privacy, personal and family secrets in the process of using information technologies have become the most widespread in the jurisprudence of constitutional control bodies. The constitutional justice authorities of all the studied states emphasize that human rights and freedoms retain the same importance in the digital world as in the ‘physical’ reality. At the same time, digitalization entails the appearance of objective restrictions in the realization of human rights and freedoms. This makes it necessary to find the limits of permissible restrictions in terms of their proportionality and fairness.

European and Asian Law Review
Openalex Percentile: Top 56%
Legal and Policy Issues
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DIGITAL TRANSFORMATION OF SOCIETY IN THE MIRROR OF CONSTITUTIONAL JUSTICE IN THE EAEU COUNTRIES — Артур Мочалов · European and Asian Law Review (2024) | TGRS Research Map | TGRS