Human rights in digital public administration

 
PIIS160565900030222-8-1
DOI10.61205/S160565900030222-8
Publication type Article
Status Approved
Authors
Occupation: Chief Research Fellow, Department of the Human Rights, Institute of State and Law of the Russian Academy of Sciences
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow
Abstract

Nowadays digital technologies are used in the execution of State functions, changing their format, the order of administrative interaction, and the rights and obligations of participants in public administration. Under such conditions, human rights, the observance and protection of which is the obligation of the State (Article 2 of the Constitution of the Russian Federation), are exposed to additional risks. Since citizens and their associations are the main providers of data for digital public administration, these risks need to be studied and eliminated.

The goal of digitalization of public administration is to improve its quality and eliminate long-standing management problems. These include corruption, the slowness of bureaucracy, the closed nature of the public administration process, its costly and expensive nature, and citizens' distrust of the State apparatus. The study showed that digital technologies can indeed solve many of these problems. Digital public administration has specific characteristics: "automation" of duties (1), predictability (2), personalization (3). Digital technologies can be successfully applied for any public function, but it is important that this is regulated normatively.

The task of respecting human rights in digital public administration takes on a special meaning in light of the constitutional duties of public authorities. The necessary minimum human rights required in digital public administration include the right to confidentiality (protection of privacy), the right to protection of personal data, the right to equal treatment and non-discrimination.

The use of digital technologies by the State has more serious consequences for citizens than its use by private actors. The reason for this is the monopolistic nature of public administration and the particular threat to human rights. Under these conditions, researchers even propose to formulate a new human right - the right against government automated decision-making. In general, the success of the digital transformation of public administration depends on the attitude to human rights.

Keywordsartificial intelligence, algorithm, data, digitalization, privacy, human rights
Received09.03.2024
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