Guarantees of the Constitutional Right to Privacy in the Digital Environment: The Legislation of the Eu, Eu Member States, Russia and China

Abstract

The European Union, like any other international organization, originated from an

intergovernmental agreement in which the contracting governments have given up some of their sovereign powers and authorities in favor of a supra-governmental institution in order to achieve common goals. The unique feature of this structure is that it has not given up on the citizens of these governments beyond the mutual rights and duties between the member states and has in fact organized a self-sufficient legal order and regime. This feature has caused the institution in charge of interpreting the founding documents of the Union, namely, the European Court of Justice, to infer the general principles of the direct effect and supremacy of European Community rights, which can be considered a form of constitutionalism. The article is devoted to identifying the features of the transformation of one of the most important constitutional and legal institutions for a person – the human right to privacy in a digital society, which is based on the digital environment. The subject of the study is the legislation of the European Union, the member States of the European Union, Russia and China in the field of regulating the right to privacy, the implementation of which is being modified under the influence of emerging complex institutions in the digital society, including various forms of human interaction with robotics. The issue related to the implementation of human rights in the information society is considered. The article analyzes the data privacy guarantees of individuals operating within the European Union. The authors also consider the features of implementing Big Data technologies that allow us to structure social reality in a new way in the context of the transformation of the right to privacy. The optimal ways to improve the national and international legal regulation of the legal status of a person and citizen in the context of new technological opportunities of mankind are proposed.