| Based on the concept of human rights protection,the protection of the rights and interests of vulnerable groups has become a widespread concern of all countries in the world,and the construction of the legal system for the protection of vulnerable groups has also become the basic aspect of modern rule of law.Therefore,strengthening the protection of digital vulnerable groups is a proper meaning of the construction of digital society.In the face of opportunities and challenges in the era of artificial intelligence,China’s human rights theory has evolved into the fourth generation,emerging rights with "digital human rights" as the core.After entering the digital society,the disadvantaged groups in the traditional sociological sense are derived from the "digital disadvantaged groups" and their types are diversified.Through the typification of "digital vulnerable groups",the two groups show a cross-competition and cooperation relationship.The characteristics of "digital disadvantaged groups" not only reflect the background of The Times,but also form a sharp contrast with the traditional "disadvantaged groups".In addition to the traditional theory of vulnerable groups,the theoretical basis of the protection of the rights of "digital vulnerable groups" can be followed,and the "emerging rights" theory,digital human rights theory,information fairness theory and personal information protection norms can prove the legitimacy of protection.Therefore,it is useful to study the definition of "digital vulnerable group",the specific relevant rights that this group should be protected and the countermeasures,which is also the main purpose of this paper."Digital vulnerable groups" are subject to the status quo of unbalanced development of digital technology,lagging of relevant legal norms,and dualistic reform of power structure in digital society.Their rights to survival,development,privacy,and information are facing the dilemma of insufficient protection of legislative norms,marginalization of the group,and indifference of social care.First,the imbalanced development of digital technology prevents different groups from equally enjoying the "digital dividend",and the asymmetric dissemination of information exacerbates the expansion of the "digital divide".In the practice of digital epidemic prevention and control,"digital vulnerable groups" face certain difficulties in obtaining information and information services due to the existing "digital divide".Secondly,China’s existing regulations mainly rely on traditional legal systems for the protection of "digital vulnerable groups",which is difficult to adapt to the era of artificial intelligence and shows insufficient institutional supply,such as the lack of detailed regulations on Internet protection for minors and information accessibility for the elderly.The newly issued Personal Information Protection Law has an imbalance in the proportion of public and private subjects.The country and society should solve this dilemma from their own standpoint.At the national level,the "digital vulnerable groups" should be taken care of in legislation,law enforcement and judicial activities,so as to define the personality attributes and property attributes of data,clarify the connection between civil Code and Personal Information Protection Law,improve relevant administrative regulations and normative documents,and take criminal law protection as the bottom line.Starting from the serious infringement of the rights and interests of "digital vulnerable groups" by criminal law regulation,the relief approach and relief subject are clarified,and social forces are regulated to provide a solid legal guarantee for "digital vulnerable groups".On the social level: First,enterprises should pay more attention to humanized design when upgrading digital technology,follow the basic principle of "technology serves mankind",and clarify the group scope of "digital vulnerable groups".The second highlights the humanistic care for "digital vulnerable groups".On the one hand,it is necessary to improve the life experience of "digital vulnerable groups" and relieve their indifference and estrangement to digital technology.On the other hand,we should pay attention to digital feedback,give more emotional care to "digital vulnerable groups",help them realize self-identity in the new era,and rebuild inclusive "common existence" in virtual social networks.To sum up,many difficulties faced by "digital vulnerable groups" in the digital era need the joint efforts of the government,enterprises and themselves to resolve.Deepen the awareness of data rights,improve the ability to apply digital technology,deepen self-identity in the digital society,give full play to the greatest advantage of digital technology in the era of artificial intelligence,so that every group can share the "digital dividend" and narrow the "digital divide".In the process of promoting the construction of digital China,the concept of protecting human rights is fully displayed,the all-round development of people in the digital era is safeguarded,the rights of "digital vulnerable groups" are better protected and the rule of law is promoted. |
