Ризики впливу цифрових технологій на права людини: європейський досвід, Human Rights Risks Posed by Digital Technologies: European Experience

<jats:p>This article identifies and comprehensively analyses the risks that digital technologies pose to human rights in the modern world. It emphasises that the development of algorithmic systems and automated decision-making creates both new opportunities and threats for humanity. It is emphasised that digital technologies are most likely to pose risks in the areas of law enforcement, national security, social protection, public services and financial security. The study analyses the body of legal instruments of the UN, the Council of Europe and the European Union governing the use of digital technologies, as well as the legal positions of these international organisations, which highlight the need to establish clear standards for the use of artificial intelligence. In particular, the report by the UN High Commissioner for Human Rights, “The Right to Privacy in the Digital Age”, the recommendations of the Council of Europe’s Special Committee on Artificial Intelligence, and the risk-based approach enshrined in the European Union’s Artificial Intelligence Act are examined. Emphasis is placed on the importance of human rights impact assessments and the protection of personal data, which must cover the entire lifecycle of algorithms. Particular attention is paid to the European regulatory approach, which is based on the principle of risk-based regulation and involves establishing red lines for high-risk artificial intelligence systems, introducing human rights impact assessments, and strengthening requirements for transparency and accountability. It is demonstrated that an effective mechanism for protecting human rights in the digital age requires comprehensive solutions at the intersection of technical, legal and ethical dimensions, as well as public engagement in defining these guidelines. Emphasis is placed on cases of algorithmic discrimination, which highlight the real danger of uncontrolled automated decisions. The need to formulate inclusive digital policies and establish legal safeguards to prevent discriminatory outcomes of automated systems is emphasised. It is noted that international organisations play a key role in supporting states in integrating human rights into digitalisation processes, developing risk assessment methodologies, and fostering inter-institutional cooperation. It is concluded that the growing role of digital technologies requires the development of a new generation of human rights standards: the question arises of introducing a fifth generation of human rights, which will ensure a balance between innovation and the protection of fundamental human rights and freedoms.</jats:p>