Constitutional Protection of Digital Rights

Mohamed, Mohamed Sobhy Hassan Ali; Elsayed, Mohamed Tarek Elsayed

doi:10.21608/ijdjl.2025.376840.1276

Constitutional Protection of Digital Rights

Document Type : Original Article

Authors

¹ Department of Public International Law - Faculty of Law - Zagazig University

² Judge at the Egyptian council of state

10.21608/ijdjl.2025.376840.1276

Abstract

This study explores the concept of digital rights as an inevitable, natural extension of traditional constitutional rights, with special emphasis on their economic and social dimensions in an unprecedentedly fast‑moving technological environment. Given the widespread use of digital technologies and modern communication platforms, it has become essential to establish mechanisms that surround all three generations of digital rights with solid constitutional safeguards. This can be achieved either by broadening the interpretation of core constitutional guarantees—such as the rights to privacy and freedom of expression—so they cover their online manifestations, or by expressly enshrining digital rights in national constitutions to secure them direct constitutional protection. The paper also traces the evolution of digital citizenship as a comprehensive framework that ensures individuals’ active participation in the digital society and the preservation of their rights within it.

At the constitutional level, the research analyzes comparative judicial decisions that have interpreted and expanded constitutional provisions to include protection of personal data, digital labor, and the right of access to the internet, highlighting the role of constitutional and administrative courts in balancing individual rights with public security. It further spotlights growing international and regional movements to codify these rights explicitly—whether through constitutions or specialized treaties—focusing in particular on the initiative to draft a unified Arab convention on digital rights. These collective efforts aim to elevate constitutional and judicial protection for digital rights, including the rights to work, education, and digital health services.

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