The dissertation deals with the actual scientific problem, which consists of elucidation of legal nature, essential features and peculiarities of human information security, determination of its place in the system of information and national security, determination of real and potential threats.
The stages of the development of Ukrainian legislation in the information sphere in general, as well as on the information security of the person, in particular, are determined, and the historical and legal preconditions for the formation of modern threats to the human information security are determined. The state of scientific researches of legal problems of information security of a person in modern science is determined. The methodology of legal research on information security of a person is proposed.
The legal nature of human information security and its and essential characteristics are generalized. The place of human information security in the system of information security and national security is determined, the system of information security of a person is separated from the system of its provision, and the author’s vision of the information security system is proposed. Due to the analysis of international experience, the dichotomy of the problem of international information security and information security of human being as a component of the institute of human rights in international law has been identified. It has been established that the harmonization of key issues is necessary in view of the economic interests of states, democratic values and globalization processes, and, at the same time, practically impossible in view of the differences in the interests of the main geopolitical players; while the legal and organizational provision of information security of a person at the national level is insufficient due to globalization, intensive cross-border information processes, labor migration, e-commerce, loss of identity and a whole range of social processes that arise in connection with the formation of an information society.
The theoretical-legal and normative-legal foundations of formation of the information-legal status of a person are revealed. The legal content of the basic concepts and categories of information security of a person, in particular, human information security, human information rights and freedoms in the information society are specified.
The problems of legal providing of human information security in the conditions of hybrid warfare are revealed. The possibilities and directions of using foreign experience for determining the legal basis of human information security, as well as the conceptual foundations of state policy in the field of information security of a person in Ukraine are outlined.
Proposals for the improvement of managerial and normative practice in the field of human information security are developed, and recommendations for improving the current legislation of Ukraine in order to guarantee the information security of the person are formulated.
The state policy in the field of human information security is investigated. The necessity at the level of the independent state body of the State to establish the Commissioner for human information security, whose activities should be directed at the implementation of state policy towards ensuring information security of the person, including protection of human rights and freedoms in the information sphere, in particular, the right to access public information and protection of personal data etc. Taking into account the specifics of cases involving violations of information rights and freedoms of citizens, the expediency of creating a specialized court – the High Court of Information, it is proposed to attribute to its jurisdiction cases involving violations of human rights to access information, protection of personal data, defamation, and as well as on the realization of citizens' rights to participate in political life related to the use of e-democracy tools.
It was determined that the legislative level requires a number of issues that are closely related to human information security, in particular: the creation of a legal basis for life-long education as a necessary condition for the existence of a person in the information society; effective regulation of the media, especially new media; creation the conditions for the development of critical thinking and other tools vital in the formation of the information society; overcoming of digital inequality in geographical and demographic (age) dimensions and others.
