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The right to digital oblivion as a subjective right of individual subjects of law: issues of theory and practice

Minaeva Anastasia Igorevna  (Postgraduate student, O. E. Kutafin Moscow State Law University (MGUA))

The subject of this article is the impact of the digitalization process on such a legal category as the rights of individual subjects of law. The author explores the nature of the right to digital oblivion through the prism of approaches to the concept of "digital rights", justifies the need to expand the category of "digital rights", abandoning a narrow understanding of them based solely on the norms of civil law, and also formulates some features of digital rights based on the analysis of the construction of digital rights. In addition, the author attempts to determine the place of the right to digital oblivion in the structure of the subjective rights of individual subjects of law, examines the problems of exercising the right to digital oblivion, based on some statistical data, and also proposes a number of changes necessary to introduce into the current legislation in order to ensure the principle of legal certainty of legal regulation of the digital environment. As a result of the research, the author comes to the conclusion that there is an objective need for legal regulation of the digital environment and possible problems that arise in this case.

Keywords:digital rights, the right to digital oblivion, individual subjects of law, digital environment.

 

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Citation link:
Minaeva A. I. The right to digital oblivion as a subjective right of individual subjects of law: issues of theory and practice // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2022. -№03. -С. 162-166 DOI 10.37882/2223-2974.2022.03.27
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