디지털 기본권의 의미와 내용

초록

This study observed the meaning and character of digital constitutional right as constitutional right on digital information, relationships with constitutional right on information and cyber constitutional right, further analyzed the meanings and contents of Internet access right, freedom of anonymous speech, right to informational self-determination, right to be forgotten, intellectual property right on digital content as individual rights of digital constitutional right in the digital network era. The conclusions of this study are as follows. First, the structure, character and content of digital constitutional right as ‘a categorial concept’ need to be constructed and construed with corresponding to character of digital information. Second, the relationship between constitutional right on information, digital constitutional right and cyber constitutional right could be arranged ‘constitutional right on information > digital constitutional right > cyber constitutional right’. Third, Internet access right should be included as a content of digital constitutional right, further need to be expanded to have meaning as universal Internet access right. Fourth, in digital network era, freedom of anonymous speech is an essential aspect of freedom of expression in the digital network or Internet. Fifth, in digital network era, right to informational self-determination need to be newly re-construed and reconstructed with direction to harmonize protection and utilization of personal data, and the evolution is demanded to theory on right to informational self-determination based on value-balancing. Sixth, in digital network era, acknowledgment or legal institution of right to be forgotten is concluded to an issue how to harmonize conflicting values on the premise that there are democracy, freedom of expression, right to know, besides protection of personal data, privacy, reputation. Seventh, intellectual property right on digital content as a category that is understood to emphasize output of creation and object of transaction in digital information could be included as a content of digital constitutional right because of a character of property right.

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