The transformation of the right to informational self-determination in the era of artificial intelligence and other digital technologies: challenges and prospects

The purpose of the study is to examine the transformation of the right to informational self-determination, first articulated in the practice of the Federal Constitutional Court of Germany, into the right to digital self-determination as one of the new generation digital human rights, the provision of which requires legal mechanisms in line with the spirit of the times, including institutional ones. In the context of the development of artificial intelligence and other digital technologies that are taking on the nature of de facto coercion (the concept of "code is law"), the issue of ensuring the right to digital self-determination becomes particularly relevant, as autonomy, freedom, and human dignity are "at stake." In this regard, the paper presents the main challenges faced in the implementation of the right to digital self-determination and outlines potential ways to overcome them. The study employs the following methods of scientific cognition: analysis, synthesis, generalization, analogy, and others; and applies a systemic approach, as well as specialized legal and comparative legal methods. During the research, the author arrives at the following conclusions: 1) the right to informational self-determination, based on the idea of dignity and personal autonomy, undergoes a qualitative restructuring under the conditions of digitalization, transforming into the right to digital self-determination—a new generation digital human right; 2) the key challenges to the realization of the right to digital self-determination include information asymmetry, the limited informed consent of data subjects, the paradox of confidentiality, insufficient levels of digital literacy, and the increasing manipulative potential of algorithmic systems; 3) considering the data subject as the economically and technologically weaker party in information interactions with digital platforms requires the state to provide additional guarantees to protect the rights and legitimate interests of data subjects; 4) ensuring the right to digital self-determination implies the formation of a comprehensive system of legal mechanisms, including regulation of algorithmic systems based on principles of algorithmic transparency and accountability; restriction of manipulative technologies and surveillance; expansion and specification of the rights of data subjects, as well as the establishment of additional obligations for large digital platforms.

information self-determination, digital self-determination, digital technologies, artificial intelligence, personal data, human rights, personal autonomy, digital human rights, discrimination, digital divide