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Fragmented Identities: Legal Challenges of Digital Identity, Integrity, and Informational Self-Determination

Author

Listed:
  • Vardanyan Lusine

    (PhD Candidate at the Department of International and European Law at the Faculty of Law at Palacký University Olomouc, Czech Republic.)

  • Hamuľák Ondrej

    (Senior lecturer at the Faculty of Law, Palacký University Olomouc (Czech Republic) and an adjunct professor in digital constitutionalism at School of Business and Governance, Tallinn University of Technology (Estonia))

  • Kocharyan Hovsep

    (Post-doctoral researcher at the Faculty of Law, Palacký University Olomouc, Czech Republic.)

Abstract

Informational self-determination is a crucial legal principle that grants individuals greater control over their digital existence. This paper examines the complexities of digital identity and the legal challenges it presents. Digital identity blends objective elements, such as official documentation, with subjective aspects like personal and cultural affiliations. The increasing overlap between physical and digital identities raises legal and ethical concerns regarding identity protection, consent, and anonymity. The fragmentation of digital identity, risks of identity theft, and the expansion of digital profiling highlight the need for stronger legal mechanisms. While existing laws like the GDPR offer some protection, a broader legal framework is required to recognise identity as a fundamental right. The right to be forgotten and control over one’s digital self-representation are essential for personal autonomy. The study underscores how digital identity is increasingly shaped by third parties, leading to vulnerabilities that threaten fundamental rights. Expanding current privacy laws through the doctrine of informational self-determination is crucial for safeguarding identity in the evolving technological landscape.

Suggested Citation

  • Vardanyan Lusine & Hamuľák Ondrej & Kocharyan Hovsep, 2024. "Fragmented Identities: Legal Challenges of Digital Identity, Integrity, and Informational Self-Determination," European Studies - The Review of European Law, Economics and Politics, Sciendo, vol. 11(1), pages 105-121.
    • Handle: RePEc:vrs:eurstu:v:11:y:2024:i:1:p:105-121:n:1005
    DOI: 10.2478/eustu-2024-0005
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