Digital security as a sphere of fundamental rights

Abstract

This study addresses the fundamentality of the right to digital security, aiming to discuss the right to digital security as part of the sphere of fundamental rights. To this end, it draws on bibliographic research, employing a qualitative approach, to examine how the categorization of fundamental rights occurs. As an underlying premise, the present work treats this right as a diffuse right, and therefore applicable and enforceable erga omnes. Its preliminary findings indicate the possibility of applying the notion and concept of fundamentality, given that such classification requires the fulfillment of objective criteria. These criteria are preliminarily identified in the concept and potential implementation of the right to digital security, which should not be understood solely within the scope of security for banking or contractual transactions, but rather within a broader interpretive framework. For didactic purposes, the requirements are understood as: formal fundamentality and material fundamentality, both of which are identifiable within the idea and scope of the right to digital security. This is assessed considering the breadth and possibilities arising from contemporary societal life and social praxis. Therefore, within this perspective, the notion of security encompasses a wide range of dimensions, including aspects related to preventing manipulation through false information (fake news) and other similar phenomena.