Legal Protection Of Digitally Disadvantaged Groups

At present,the development of digital technology has brought huge digital dividend,but at the same time,it inevitably produces digital disadvantaged groups.Digital disadvantaged group is a relative concept,every citizen or even enterprise is likely to become one of them,and with the continuous penetration of digital technology into daily life,there will be more and more digital disadvantaged groups.At this point,it is of great significance to the development of human rights,social governance and the improvement of the rule of law to examine the "substantial inequality" caused by scientific and technological development from the perspective of social equity and justice,so that social members can enjoy the digital dividend as fairly as possible,avoid digital infringement and protect it with effective legal means.Based on this,this paper takes digital disadvantaged groups as the research perspective and is divided into four parts.Firstly,the uniqueness of the digital disadvantaged groups is discussed,and its uniqueness in the digital age is highlighted through the analysis of its connotation and extension and the comparison with the traditional disadvantaged groups.Based on the theoretical requirements of social fairness and justice,the protection of the dignity and freedom of the digital disadvantaged groups and the objective needs of the construction of digital rule of law,it is necessary to give legal protection to the digital disadvantaged groups.Secondly,on the classification of types,this paper believes that the digital disadvantaged groups can be divided into "dominant" digital disadvantaged groups and "hidden" digital disadvantaged groups.The former group has a lot of overlap with the traditional disadvantaged groups,so it has attracted academic attention earlier.On the contrary,due to the obvious relativity and hidden performance of "hidden" digital disadvantaged groups,although the base is large,it lacks systematic research and protection.From the perspective of production field,this paper divides it from different perspectives,including subject,occupation,status and ability.In addition,from the current situation,the legal protection of digital disadvantaged groups is mainly faced with two dilemmas: the legal system lags behind the digital reform and the characteristics of inequality and winner-takes-all in the digital era.In the digital era,the governance of smart society is heavily burdened,and the conflict between the digital rule of law picture and the digital rights system is increasingly prominent.At the same time,the digital age has also created a risk society,and the digitally disadvantaged groups are facing an unprecedented crisis of rights,equality and freedom.Based on this,this paper analyzes the causes of the above dilemmas from the perspectives of technical characteristics,social environment and institutional roots.Finally,on the basis of the previous analysis,this paper puts forward the corresponding improvement path for the legal protection of digital disadvantaged groups.First,at the conceptual level,it is necessary to reshape equality,balance the interests of multiple subjects,and establish the concept of "digital human rights".Second,at the operational level,the legal protection mode needs to be updated.Specifically,in terms of legislation,the "dominant" digital disadvantaged groups should be endowed with the right of technical assistance from the constitutional level,so as to provide a clear legal basis for individual appeals.At the same time,the traditional rights system with the constitution as the core should be constantly improved.In view of the "hidden" digital disadvantaged groups,we should actively construct the digital rights system with the informed consent right,data modification right and data deletion right as the core,and realize the dynamic revision of the right system on this basis.The realization of rights requires the fulfillment of obligations,for which the obligations of digital technology enterprises and countries should be clarified.In law enforcement,flexible law enforcement,highlighting digital humanistic care.In judicature,we should make use of judicial interpretation and typical cases to provide specific incline protection for digital disadvantaged groups.This paper hopes to provide some feasible references for the legal protection of digital disadvantaged groups with the help of the above countermeasures.