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Принцип свободы выбора и уважения автономии воли личности при взаимодействии с цифровыми технологиями и его выражение в цифровом законодательстве
Abstract
Introduction: Legal principles are time-tested, which correspond to the legal traditions and values of society. The development of digital technologies leads to the expansion of human rights, restrictions in modern technological solutions. Such a situation in the disclosure with the principle of "black box", due to the opacity of algorithms, decisions made with the help of artificial intelligence, is a challenge for the legislator.
Methodology and materials: The purpose of the article is the idea of the concept of the principle of freedom of choice and autonomy of the will of the individual when handling digital technologies. When writing the article, both general scientific and specific methods were used: analysis and synthesis, induction and deduction, systematization, comparative legal, historical, formal legal methods, the method of legal analysis.
Results of the study and their discussion: The article substantiates the legal consolidation of the principles of freedom of choice and democracy of the will of the individual when handling digital technologies as one of the elements of the system of a codified act in the field of information legal relations. The axiological foundations of these principles, in particular the values of freedom and security, are considered. It is noted that freedom of choice in interaction with digital technologies ensures the provision of services to others, including constitutional rights of man and citizen. The category of autonomy is defined, such aspects as ensuring a special environment, awareness, positive regulation of the conditions of autonomy, when manipulation grows as coercion and interference in autonomy. The implementation of principles in such areas as the right to judicial protection, the sphere of consumer protection, education, ensuring inviolability and protection of private life, electoral rights, lending is considered. The external and internal side of the principle, its content, including various rights, restrictions related to issues of ensuring security and significance are highlighted.
Conclusions: The essence of the principle of freedom of choice and autonomy of the Constitution is to ensure freedom in the presence of artificial intelligence, algorithms, choice of online services, provision of full information in an accessible form or intelligent solutions based on algorithms, preliminary refusal to exercise rights using digital technologies, appealing decisions made using technologies. The principle of freedom and democracy in the autonomy of the will of man included the complexity of rights and guarantees of their implementation, minimizing the risks arising in the digital era. The specified principle is contained in the consolidation of the Digital (Information) code and can further influence various areas of application of digital technologies, determine legal regulation in various entities and establish, directly used by the law enforcement officer, thus ensuring the resolution of controversial situations arising in the context of legal collisions and events.