Dr. Islam Mohamed Srour

Digital rights are no longer a regulatory luxury or a technical file that only interests specialists. They have become a direct extension of fundamental rights and freedoms in a world where knowledge, public services, the economy, and social relations are managed through the digital space. With the growing influence of artificial intelligence, the expansion of the data economy, and the transformation of digital platforms into arenas for public debate and opinion shaping, digital rights have become a core element of legal security and a fundamental condition for building trust between the individual, the state, and the market.

Today, the issue is no longer limited to the use of technology, but rather to how it is regulated and legally governed in a way that preserves human dignity and prevents digital transformation from becoming a tool of exclusion, surveillance, or unlawful discrimination.

First: The International Foundation for Digital Rights:

Digital rights are rooted in well-established international principles in international human rights law, foremost among them: human dignity, privacy, freedom of expression, and non-discrimination.

The United Nations Human Rights Council affirmed that the rights individuals enjoy offline must be protected to the same degree online. This is a pivotal principle that reinforces the unity of rights protection regardless of the medium.

In the field of personal data protection, the Council of Europe's Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108) and later its updated version (108+) formed an advanced international reference, as they enshrine the principles of legality, proportionality, data minimization, and the protection of individuals' rights against data controllers.

In the field of artificial intelligence, UNESCO adopted the Recommendations on the Ethics of Artificial Intelligence, considered the first global normative framework affirming the necessity of respecting human rights, justice, transparency, accountability, and human oversight over intelligent systems.

This reflects the transformation of digital ethics from a theoretical discourse into a legal and political reference.

Illustrative image generated by AI.

Second: Digital Rights and the Rule of Law in the Digital Age

The digital transformation has produced a set of overlapping legal risks, most notably:

1. Privacy and Data Protection: The expansion in data collection and analysis, including behavioral and biometric data, increases the risks of unlawful use, re-identification, or processing beyond the stated purpose.

2. Freedom of Expression and Digital Content Regulation: Digital platforms have become the gateway to the public sphere, which requires a careful balance between combating disinformation and hate speech on one hand, and ensuring freedom of expression and preventing arbitrary censorship on the other.

3. Algorithmic Discrimination and Automated Decisions: Intelligent systems today affect employment opportunities, access to services, credit, and even criminal justice, while understanding and challenging automated decision-making mechanisms remains limited. These challenges have driven many legal systems to adopt a risk-based approach to regulating artificial intelligence, as seen in recent European legislation, which distinguishes between low-risk and high-risk uses and subjects the latter to strict obligations related to transparency, accountability, and rights protection.

Third: Legislative Recommendations for Building a National Framework for Digital Rights

In light of international developments, a set of practical legislative recommendations can be proposed:

Having comprehensive legislation for the protection of personal data represents the cornerstone of the digital rights framework.

Such legislation requires adopting the principles of fair and lawful processing, ensuring that data is collected and used within specific and declared purposes and only to the necessary extent. The law must also guarantee individuals the right to access their personal data, correct it, request its erasure when there is no longer a legal basis for retaining it, and object to its processing. In addition, it must include the right to data portability where applicable, which is already the case in many legislations in the Arab region.

However, this framework is not complete without obligating data controllers to provide immediate notification of data breaches, imposing effective, proportionate, and dissuasive penalties that ensure compliance and protect public trust, as well as ensuring real enforcement and swift intervention to address such breaches.

Regulating the Use of Artificial Intelligence and Automated Decisions 

The rapid spread of intelligent systems requires specific legal regulation of artificial intelligence, especially with regard to automated decisions that have a substantial impact on individuals' rights.

Requiring a prior assessment of the impact of such systems on fundamental rights and freedoms before their deployment or operation is considered one of the most important tools of legal prevention. Individuals must also be guaranteed the right to obtain an understandable explanation of the basis of automated decisions, and the right to genuine and effective human review, to prevent algorithms from becoming an unaccountable authority.

In addition, it is necessary to impose periodic testing to detect algorithmic bias and discrimination, and to address deficiencies that may lead to unfair or discriminatory outcomes.

Towards a Balanced Digital Content Regulation Digital Content

Regulating digital content requires adopting a balanced legal approach that protects public order without undermining the essence of freedom of expression. This requires setting clear and transparent standards for content moderation, whether by public authorities or digital platforms, while guaranteeing the user’s right to prior notification of any measure taken against them, providing clear justifications, and allowing avenues for appeal and review.

It is also necessary to avoid delegating the regulation of public discourse entirely to private platforms without legal oversight, in order to maintain balance between the public interest and fundamental rights and freedoms.

Providing Special Protection for Vulnerable and Higher-priority Groups in the Digital Space

Digital justice requires adopting enhanced legal protections for groups that are most exposed to digital risks, foremost among them persons with disabilities and children.

This includes mandatory digital accessibility in services, websites, and applications, to ensure non-discriminatory access for persons with disabilities. It also requires establishing strict safeguards to protect children from digital tracking, unlawful targeted advertising, and deceptive design practices that exploit their limited awareness or lack of experience, in line with the principle of the best interests of the child.

The Existence of an Independent Regulatory Authority
Digital rights cannot be effectively enforced without an independent regulatory authority that enjoys true administrative and functional independence. This authority should be granted effective investigative and enforcement powers, including oversight, inspection, imposing sanctions, and resolving complaints.

International cooperation is gaining increasing importance due to the cross-border nature of data processing and digital services, which requires coordination mechanisms and information exchange with counterpart authorities at the regional and international levels.

Integrating Digital Rights and Culture into Educational Policies

Integrating digital rights and digital culture into educational policies is one of the most important forms of long-term legal prevention.

Enhancing digital awareness from early educational stages contributes to building digital citizenship based on knowledge, responsibility, and the ability to use technology safely and consciously. This role is not limited to formal education, but extends to continuous training programs and community awareness, strengthening individuals’ ability to protect their digital rights and participate effectively in the digital space.

Towards a New Digital Social Contract
To conclude, the essence of digital rights does not lie in obstructing innovation, but in guiding it within legal limits that protect the human being and reinforce trust. The real challenge in the coming phase is not the speed of technological development, but the ability of legislation and institutions to keep pace without compromising human dignity and the rule of law.

Successful digital transformation is not only the most technologically advanced, but also the one that shows the greatest respect for the human being, the strongest commitment to justice, and the best ability to build a safe, fair, and trustworthy digital society.

Legal and social consultant, expert in international law, and researcher in artificial intelligence technologies and cybersecurity.