Paper short abstract:

It seems, that it is a time for a new generation of fundamental rights suitable for the digital age is required. How, then, to protect the rights in the Digital space, if they are not enshrined in law? The paper will try to find answers these questions.

Paper long abstract:

Can we talk about Human Rights in the Digital Space?

The main driving factor in the 21st century are the development of three super technologies: artificial intelligence, nanotechnology and biotechnology, which have the potential to radically change the life of society. Many researchers have argued for a fourth generation of human rights designed to deal with new Internet-related/Technologies-related situations.

The first generation of human rights protected citizens from the power of States. The second generation, which recognized social rights, proposed a State that guaranteed a decent life. The third generation of fundamental rights was consistent with globalization, proclaiming the right to peace and a healthy natural environment for all peoples on the planet.

It seems, that it is now time for the Law to limit exploitation and abuse, focused this time on protecting the individual from the mismanagement of technology. So, we have to talk about the time of the Digital Rights Development.

“Digital human rights are the extension and application of universal human rights to the needs of an information-based society... Basic digital human rights include the right to access an electronic network, the right to freely communicate and express opinions online, and the right to privacy.” Digital rights are also those human rights and legal rights that allow individuals to access, use, create a digital products, have a digital property and publish digital media or to access and use computers, other electronic devices, and telecommunications networks.

Therefore, a fourth generation of fundamental rights suitable for the digital age is required. The right to be forgotten, the right to a digital identity, and the right to online impartiality are only some components of human dignity and personality that have gone hand in hand with the original technological breakthrough, and must now be addressed.

However, not all States are ready to provide the special protection of those rights. For example, in the Kyrgyz Republic, there are no officially accepted definitions of the social networks, cyber insurance, digital rights, etc. How, then, to protect the rights in the Internet space, if they are not enshrined in law? How to protect Human Rights in the Digital Space? How should we act if digital rights are violated? The paper will try to find answers these questions.

The paper is based on the published articles, analytical researches, international and domestic regulations of the Central Asian States.