Research On Legal Safeguard Mechanism Of Digital Human Rights

With the continuous development of digital technology,people’s production and lifestyles are becoming increasingly information-based and smartened,gradually building a digital society based on big data,the Internet of Things and cloud computing.The development of a digital society has given people digital attributes and has led to the digital advancement of human rights.People’s production and life is becoming increasingly digital and information-based,and data and information have become a means of presenting human existence,gradually creating the "fourth generation of human rights" based on digital human rights.However,while people enjoy the convenience of digitalization,they also suffer from certain human rights risks,including excessive collection of personal data that violates citizens’ privacy,directionless expansion of video surveillance that extremely limits citizens’ privacy space,the phenomenon of algorithmic discrimination and algorithmic black box phenomenon that cause serious infringement on people’s right to equality,and some digital disadvantaged groups that have difficulty enjoying the digital dividends.Digital technology poses great challenges to the fundamental rights of citizens and requires the attention of all sectors of society.In the face of the risks and challenges faced by digital human rights,we need to seriously explore their connotations,clarify their theoretical foundations,analyze the various reasons for the challenges faced by digital human rights,and then study the mechanisms for safeguarding digital human rights.This article discusses digital human rights and their protection mechanisms in four parts,with digital life as the background.The first part clarifies the concept and basis of digital human rights,including the meaning and content of digital human rights,etc.At the same time,through the analysis of digital human rights at the jurisprudential level,the theoretical basis of digital human rights is explored,and it is further clarified that digital attributes as the social basis of digital human rights,the inherent values of human rights,equality,freedom and human dignity,are the value basis of digital human rights,and digital human rights have the fundamental rights attributes of the Constitution as their rights basis.The second part explores the practical challenges facing digital human rights.The rapid development of digital technology has brought a series of risky challenges to the fundamental rights of citizens in digital life,mainly focusing on the rights to civil liberties,equality and life,data leakage,the prevalence of video surveillance,algorithmic discrimination,the digital divide,the digital disadvantaged represented by the elderly,digital control and digital exploitation brought about by the development of the internet platform economy.The third part analyses the reasons for the challenges faced by digital human rights.Digital technology has unique attributes of complexity,opacity and duality,while the digital transformation of the social structure is now unfolding,facing a situation where the border between the virtual and the real is blurred and technology and power are intertwined.Traditional safeguards and the human rights of digital life cannot be adequately guaranteed,new types of digital rights are emerging and traditional human rights are evolving towards digitalization.In addition,the lagging nature of legal protection is also a reason for the violation of digital human rights.The fourth part is an analysis of the legal guarantee mechanism of digital human rights.Firstly,the principles of guaranteeing the rights of digital human rights are clarified,including the principle of putting people first and the principle of equal and tilted protection,and then the guarantee of digital human rights is discussed at the level of the rule of law guarantee mechanism,exploring the scenario-based balance mechanism of rights and interests,guaranteeing the institutionalization of information autonomy,integrating human rights and moral values into algorithms,establishing the ethical principles of algorithms,and establishing a dual protection mechanism combining the public law level and the private law level,so as to provide the rule of law guarantee for digital human rights.