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This report advocates for the thorough protection of fundamental human rights in the digital age, arguing that addressing rights protection at a constitutional level offers a stronger, more enduring framework for confronting emerging digital threats than ordinary legislation alone. As digital technologies increasingly influence the exercise of civil and political rights, as well as other fundamental freedoms, robust constitutional safeguards are essential for addressing new challenges—from unwarranted surveillance and censorship to algorithmic governance and data monopolies.

Enshrining digital rights in a constitution offers a uniquely durable and robust framework for safeguarding fundamental rights against novel challenges in the digital era. Because constitutional provisions are harder to amend and take precedence over ordinary laws, they help anchor protections for fundamental rights and freedoms across evolving technological contexts. By embedding digital rights in a constitution—often a nation’s most symbolic articulation of shared values—countries can ensure consistent and uniform protection across various jurisdictions, especially in federal systems, while also providing stronger checks against both governmental abuses, such as unwarranted surveillance or censorship, and potential overreach by private actors, including large technology companies or data monopolies. Beyond its legal strength, constitutional recognition sets a clear standard for ethical and accountable corporate conduct and sends a powerful signal at home and internationally that digital rights are taken seriously and safeguarded at the highest legal level.

This report examines the impact of digitalization on fundamental rights and freedoms, discussing how modern digital technologies influence fundamental rights—particularly civil and political rights—and also considers the various actors that shape these rights in the digital age, outlining ways to ensure accountability beyond traditional governance structures. It is divided into several sections that collectively provide an overview of the current landscape of digital rights issues, outlining existing constitutional protections and highlighting considerations for strengthening these protections to meet the challenges posed by the digital age.

The Introduction provides a general introduction and overview, while Chapter 1 delves into how digitalization affects core civil and political rights. This chapter includes an analysis of how freedoms such as speech, expression, association and non-discrimination are being reshaped by modern digital technologies.

Chapter 2 explores the adaptation and expansion of constitutional protections to address the novel challenges presented by digital technologies, covering a range of emerging digital rights, such as digital privacy, data protection, the right to informational self-determination, and rights related to Internet access and connectivity. The chapter also discusses rights aimed at ensuring democratic participation in the digital era and highlights the importance of new rights such as the right to digital disconnection and cybersecurity. To understand how different countries have addressed these issues in their national constitutions, the International Institute for Democracy and Electoral Assistance (International IDEA) has mapped constitutional provisions on these rights, capturing global comparative examples. Additionally, selected case law examples illustrate how courts around the world interpret constitutional rights within digital contexts, often navigating the balance between competing rights and addressing matters of public interest and security.

Chapter 3 assesses the role of new actors, particularly tech companies, and public–private partnerships in the digital domain. It discusses the horizontal application of rights as one way forward in ensuring that non-state actors that assume or are vested with quasi-state powers respect fundamental rights.

The report ends with some short conclusions in Chapter 4.

Rights in the Digital Age | International IDEA

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