Legal regulation and practice European Court of Human Rights and the European Court of Justice concerning human rights in the sphere of use of digital technologies

The article emphasizes that the legal regulation of the protection of human rights in the field of the use of digital technologies is carried out by an extensive system of international legal documents. In particular, the article examines: Recommendations for the protection of privacy and cross-border flows of personal data; Guidelines for the use of personal data; Convention on the Protection of Individuals with regard to Automated Processing of Personal Data; Additional Protocol to the Convention on the Protection of Individuals Regarding Automated Processing of Personal Data Regarding Supervisory Authorities and Cross-Border Data Flows; Protocol on Amendments to the Convention on the Protection of Individuals Regarding Automated Processing of Personal Data Protocol; Directive 95/46/EC on the protection of the rights of individuals during the processing of personal data and their free movement; Telecommunications Directive; Email Privacy Policy; European Parliament and Council Directive 97/13/EC; Directive 2002/58/EC on electronic privacy; Directive 2002/58/EC of the European Parliament and of the Council on the processing of personal data and the protection of privacy in the electronic communications sector; Directive 2006/24/EC of the European Parliament and of the Council on the retention of data created or processed in connection with the provision of publicly available electronic communications services or public communications networks; Charter of Fundamental Rights of the European Union; General Data Protection Regulation (GDPR); Regulation of the European Parliament and the Council 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The article aims to study the judicial practice of the European Court of Human Rights and the European Court of Justice regarding the implementation and provision of the right to privacy and confidentiality in modern conditions, protection of personal data in the digital society. It is noted that today there is a sharp increase in the number of precedents related to the protection of human rights on the Internet in the practice of the European Court of Human Rights (ECHR) and the European Court of Justice (EC). To achieve the goal, the work uses a system of methods of scientific knowledge, including general scientific (analysis, synthesis), private (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal-legal, comparative-legal) methods. Based on the results of the research, it was concluded that the main task of the legal regulation of human rights in the conditions of the use of digital technologies is the protection of fundamental rights and the creation of a legal order. Along with the system of legal norms, the protection of fundamental rights includes other measures developed both within the framework of national legal systems and those provided for in the ECHR. Each of these protection mechanisms undoubtedly pursues specific goals, and the mechanisms are certainly built on legal instruments. One of these mechanisms is the possibility of defending the violated right in court.

human rights, digital technologies, European Court of Human Rights, European Court of Justice.