“디지털인권”의 딜레마 및 보호에 관한 연구 - 중국에서의 논의를 중심으로 -

Abstract

With the continuous development of digital networks, the concept of “digital human rights” was also born, although since 2016 the “Cybersecurity Law of the People’s Republic of China”, “Data Security Law”, “Personal Information Protection Law” has been promulgated, but in the field of digital human rights has little effect, because “digital human rights” is in its infancy, although the legal community is enthusiastic but there is no unified authority of the theoretical theory, this article around the theme of “digital human rights”, from the clear definition of “digital human rights”, “digital human rights” The current dilemma and how to protect digital human rights are discussed, and the analysis of acute problems such as online violence, human flesh search, “AI” face recognition, and fancy apps on network user monitoring in digital networks is highlighted, and it is found that the lack of digital human rights protection such as privacy, security and the right to know is highlighted. By learning from the EU’s General Data Protection Regulation and localizing it, we can find that “digital human rights” as the fourth generation of human rights have certain rationality, in order to prevent the alienation of digital rights, we can start from the right to freedom of expression, digital privacy, data security, digital right to know, etc., combined with the Party in the Fourth Plenary Session of the 18th Central Committee put forward the policy of “combining the rule of law and the rule of ethics”, to achieve the organic combination of legal principles and legal rules in practice, and then protect the “digital human rights” of the digital society.