15.12.2021

Digital rights were discussed in Moscow

Digital rights were discussed in Moscow

The danger is possessed by low digital literacy of the population and low reliability of data storage. This is stated in the draft Concept for the protection of human and civil rights and freedoms in the digital space, which Vedomosti got acquainted with.

On December 14, the document was discussed at MGIMO on the talks organized by ANO “Dialog”, ROCIT and Moscow State University, Rustam Sagdatulin, director of ROCIT, told Vedomosti. The concept was developed by the The Presidential Council for Civil Society and Human Rights. The main purpose of the document is the protection of the constitutional rights of citizens and ensuring their safety, as well as strengthening “the unity of the multinational people, civil peace, harmony and solidarity in Russian society”. Among the main tasks of the concept are improving legislation, increasing digital literacy of Russians, developing social and scientific achievements in this area. 

Russian President instructed to develop a concept and a plan for its implementation in January of this year. On December 9, the chairman of the Council Valery Fadeev outlined the main content of the document at the meeting with the President.

It is assumed from the draft concept that it should become a “basic document” for the development and improvement of legislation in the field of digital space regulation. The draft document defines such concepts as “digital space”, “digital human sovereignty”, “digital profile”. A digital profile means not only basic data, but also information about the relatives, obligations, the level of solvency and “trustworthiness”, health status, etc.

The concept refers to the right of a citizen to completely or partially refuse to be involved in “digital interaction”, to be able to carry out his or her interaction with the state and society “outside the digital space”. It is assumed that it will be required by law to strengthen responsibility for the unauthorized use of personal data, to guarantee the right to protection against discrimination and the negative consequences of digitalization.

One of its developers, a member of the Council Igor Ashmanov, explains the presence of prohibitive initiatives in the concept by the need to guarantee the rights of Russian citizens.

The concept could become the basis for changing the current legislation, says BGP Litigation lawyer Anastasia Myrsina. But the draft document does not touch upon some topics, such as the use of electronic signatures and the outcomes for digital security. She says: “As practice shows, there are abuses in this area”. The document does not touch upon the regulation of cryptocurrencies either.

According to the lawyer the document traces the ideas of introducing the foundations for self-regulation of the subjects of the digital space.

“At first glance, the concept is designed to ensure the protection of citizens' rights in the digital environment, including against illegal distribution of data,” says Alla Gorbushina, senior lawyer at Hogan Lovells CIS. – “We are also talking about the exercise by citizens of their constitutional rights, regardless of their presence in the digital environment. It is important not to overload the law with new restrictions and requirements that may negatively affect the development of digital technologies in Russia”.

The initial idea of ​​creating the concept was to ensure the protection of human and civil rights and freedoms in the digital space of Russia with the developed plan of action, said Marina Kelbakh, lawyer of AB A-PRO. “But this project does not contain any specific implementation mechanisms and legislative initiatives,” the expert notes.


https://www.vedomosti.ru/politics/articles/2021/12/15/900713-pravo-vzaimodeistvovat-bez-interneta