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TYPES OF DENIAL OF BAD FAITH CONDUCT IN THE FIELD OF DIGITAL RIGHTS

Sedova Zhanna Igorevna  (Candidate of Legal Science Russian State University of Justice )

Denial of bad faith conduct as a method of legal regulation of relations develops the principle of good faith. One type of such denial is the inadmissibility of the abuse of digital technologies, the prohibitions of specific types of which are still in the process of forming in the law as court decisions emerge. On the example of existing judicial practice in disputes about the violation of digital rights and causing harm by using the means and capabilities of information and telecommunications network "Internet", the legislator can systematize unfair cyber practices and establish norms-prohibitions for the types of digital misconduct identified in the current historical period even today. One of the most common type of breach in cyberspace is the abuse of consumer personal data, the way to protect which is to create appropriate digital rights management systems. Digitalization of most spheres of life contributes to the emergence of new legal terms: “digital bad faith conduct” or “cyber-bad-faith”, “legal escapism” - requiring a clear definition for the purpose of developing new legal remedies against violations of digital rights.

Keywords:principle of good faith, denial of bad faith conduct, digital rights, digital bad faith conduct, cyber-bad-faith, legal escapism

 

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Citation link:
Sedova Z. I. TYPES OF DENIAL OF BAD FAITH CONDUCT IN THE FIELD OF DIGITAL RIGHTS // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2023. -№04. -С. 140-146 DOI 10.37882/2223–2974.2023.04.27
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