Research On The Legal Protection Of Digital Human Rights

With the introduction of the Concept of "Digital China",digital technology,represented by the Internet,big data and artificial intelligence,has become closely integrated with people’s daily lives,resulting in the co-existence of biological and information people in the digital era.In this context,human rights have been reshaped and people have begun to live digitally,and the concept of "digital human rights" has been developed.It is therefore necessary to study the theoretical issues involved in digital human rights and to propose responses on this basis.Firstly,it is necessary to define the basic concept of digital human rights and to analyse the basic characteristics of digital human rights.The purpose of the study of concepts related to digital human rights is to present a basic conceptual understanding of the attributes and functional aspects of digital human rights.Then,digital human rights are proved.Firstly,digital human rights have a unique subject of rights and obligations,and a special relationship between the two that is intertwined with defence and cooperation.Secondly,because of its unique bundle of rights,digital human rights form a new type of human rights object that does not completely overlap with traditional human rights.Finally,based on the aforementioned concepts,it can be seen that the fourth generation of the industrial revolution has reshaped the rights of human beings,and digital human rights are characterised by the urgency and fundamental nature of human rights,thus forming a fourth generation of human rights that is independent of the previous three generations of human rights.The practical dilemmas faced by digital human rights guarantees are discussed in terms of the infringement of individual private rights,the gradual expansion of private power on platforms and the inadequacy of state laws and regulation.Digital human rights protection is essentially human rights issue based on digital technology failures.The "cyber utopia" caused by the algorithmic dictatorship of big data has exacerbated discrimination and consequently affected the rights of citizens in goods and services;the misuse of biological information,the violation of personal information caused by the excessive use of new technologies,and the lack of protection for the digitally vulnerable.The protection of the digitally disadvantaged is characterised by urgency,as is the lack of protection for them.Finally,there are proposals to address the issue of digital human rights,which should be protected in terms of the protection of the private rights of individuals,the regulation of the private power of platforms and the fulfilment of the State’s obligation to respect and guarantee.The protection of individual private rights is manifested in the protection of existing and emerging rights,the improvement of the remedy system and the increase of protection for vulnerable groups;secondly,the regulation of the private power of platforms can be restricted by expanding the scope of public participation in the governance of platforms,relying on self-regulation of platforms and strengthening the management of platforms by industry associations;finally,the state should fulfil its obligation to respect and guarantee digital human rights.Lastly,States should fulfil their obligations to respect and safeguard digital human rights.