UN RESOLUTIONS ON THE PROTECTION OF PERSONAL RIGHTS AND FREEDOMS IN THE DIGITAL ENVIRONMENT: RELEVANCE AND EFFICIENCY

Abstract

This article is dedicated to the international legal analysis of UN General Assembly Resolutions No. 68/167 and No. 69/166, and extensively examines the formation of a regulatory framework in the field of protecting personal rights and freedoms in the digital environment. The article examines the political and legal prerequisites that led to the adoption of these resolutions, particularly in the context of international relations resulting from confidential information leaked by Snowden in 2013. The normative force and practical effectiveness of resolutions as soft law were studied on the basis of a comparative analysis with Article 17 of the International Covenant on Civil and Political Rights, Article 12 of the Universal Declaration of Human Rights, reports of the UN High Commissioner for Human Rights and the practice of the European Court of Human Rights. The article separately analyzes the application of the principles of necessity, proportionality, legality, and transparency to digital surveillance, as well as the problem of extraterritoriality and the liability of private companies. As a result, it is substantiated that resolutions are a first step that is normatively important but has limited practical effectiveness. The author emphasizes the need to create digital sovereignty, artificial intelligence, and compulsory international mechanisms, concluding that real regulatory progress depends on future development directions.