Białostockie Studia Prawnicze są kwartalnikiem wydawanym przez Wydział Prawa Uniwersytetu w Białymstoku ukazującym się od 2006 r. Poszczególne zeszyty mają charakter tematyczny i obejmują publikacje z różnych dziedzin prawa skupione wokół zagadnienia głównego. Poruszane są w nich aktualne problemy z zakresu prawa. Autorami publikacji są zarówno teoretycy jak też praktycy z kraju i z zagranicy. Wszystkie teksty publikowane w BSP są recenzowane. W czasopiśmie publikowane są artykuły naukowe, recenzje monografii naukowych i glosy. Artykuły są publikowane w języku polskim i angielskim. BSP ukazuje się w wolnym dostępie (open access). Oznacza to, że cała zawartość czasopisma jest dostępna nieodpłatnie dla użytkowników, w tym instytucji. Białostockie Studia Prawnicze zostały ujęte w Wykazie czasopism naukowych i recenzowanych materiałów z konferencji międzynarodowych opublikowanym przez Ministerstwo Edukacji i Nauki. Czasopismo otrzymało w wykazie 140 pkt.
Wydział Prawa Uniwersytetu w Białymstoku
Towards a Digital Rule of Law: Redefining Citize-State Relations in Digital-Age Democracies
This article examines the normative tensions between classical conceptions of the rule of law and the structural transformation of democratic governance in the digital age. The main research hypothesis is that classical rule-of-law frameworks are no longer sufficient in the face of algorithmic opacity, the power of platforms, and automated decision-making, which necessitates the development of a renewed concept of a digital rule of law. The study employs three complementary methods: the dogmatic-legal method (analysis of EU legal acts, in particular the Digital Services Act, the AI Act, and the GDPR), the theoretical-legal method (analysis of the concept of the rule of law), and critical discourse analysis in relation to digital transformation. It argues that digitalisation is not merely a technical shift but a reconfiguration of the citizen–state relationship. On this basis, it develops three normative directions: digital constitutionalism as a framework for legitimising digital infrastructures, legal safeguards for public and platform-based uses of artificial intelligence, and more inclusive models of civic participation in digitally mediated lawmaking. The article concludes by formulating institutional recommendations for operationalising a digital rule of law in contemporary democracies.
Prawa autorskie (c) 2026 Białostockie Studia Prawnicze
Judicial Reform in the Era of Digital Democracy from the Perspective of Ensuring the Rule of Law: The Perspective from Poland and Lithuania
In this article, we explore the complex challenges and opportunities arising from the digital transformation of the judiciary in the context of modern democratic societies, with a particular focus on Poland and Lithuania. As digital tools increasingly shape how justice is administered, ensuring the rule of law, transparency, and fair trials remains a central concern. We analyse the legal, institutional, and technological aspects of judicial reforms, including the use of remote hearings, algorithmic decision-making, online access to court services, and the risks of digital exclusion. Drawing on European standards, we highlight the need to strike a careful balance between innovation and fundamental rights. By examining recent legislative initiatives, court practices, and comparative insights from both countries, this article contributes to the broader discourse on the legitimacy, efficiency, and accountability of digital justice systems in a democratic setting.
Digitalization of Political Parties in Poland: Between Law and Practice
Analysis of political parties’ digital adaptation is a rapidly growing field of research that was accelerated by the COVID-19 pandemic. This study of seven political parties in Poland, using the operationalization proposed by the DIGIPART project, provides information on the specifics of the external and internal use of digital tools in a young democracy. The main sources of data for the dataset are party websites, apps, social media and online participation platforms, which have been subjected to qualitative content analysis. The analysis confirms that the digitalization of parties is more advanced in external dimensions that directly connect parties with voters (the communication and resources pillar) than in dimensions related to internal party procedures (the electoral, deliberative and participatory pillar). The use of digital tools is influenced more by the level of intra-party democracy and the party’s distance from the centre on the right–left axis than by age or party size.
Electronic Communication Tools in Participatory/Civic Budgeting: The Case of Warsaw
The aim of this study is to analyse the participatory/civic budget in Warsaw in terms of the use of electronic communication tools. Answers to the following two research questions are sought: (1) At what stages of participatory/civic budgeting are electronic tools used? (2) What are residents’ opinions regarding electronic tools used in participatory/civic budgeting in Warsaw? During the research process, the following research hypothesis will be verified: the electronic tools used in the participatory/civic budget in Warsaw are being gradually improved, and the budget in this city is increasingly becoming an electronic one. This research primarily uses an in-depth analysis of primary sources, including statistical data, legal acts, reports, and evaluation documents. Eleven versions of the participatory/civic budget in Warsaw were analysed. The research hypothesis was partially verified positively
E-Voting in Commercial Companies in Poland from the Perspective of Shareholders as an Example of Digital Democracy: Challenges and Opportunities
This article addresses the issue of e-voting in commercial companies in Poland from the perspective of the company’s shareholders. It presents this issue as an example of digital democracy and discusses the associated challenges and opportunities. The article is based on the dogmatic-legal and the comparative-legal methods. The main aim is to examine whether regulations regarding e-voting by shareholders on the resolutions of commercial companies in Poland have improved the conduct of shareholder voting or have established barriers that complicate this process. The second research issue is an attempt to answer the question of whether regulations introduced by the Polish legislature enable the use of modern technologies for conducting voting, including systems based on distributed ledger technology and virtual worlds. The research allowed for the formulation of the following research theses: firstly, the regulations contained in the Polish Commercial Companies Code allow for the widespread use of electronic voting methods by shareholders when resolutions are adopted. However, they are not available in all commercial companies, nor to the same extent. Secondly, voting using methods based on distributed ledger technology is also permissible. However, voting at a meeting cannot be conducted solely virtually. The conclusions include proposals for clarification of the legal provisions in this area, which will enable more effective use of e-voting in commercial companies in Poland.
How Do Anti-Money Laundering Laws Affect the Growth of Fintech Lending Platforms in Europe?
The aim of this study is to explore the effects of anti-money laundering (AML) legislation on fintech lending platforms in the European context, focusing on the balance between protecting market integrity and safeguarding the expansion of innovation in the financial field, a tension that is encapsulated by the innovation trilemma. By analysing the current state of fintech lending and the evolving anti-money laundering regulatory landscape in Europe, the paper investigates how rigid compliance requirements can unintentionally suppress innovation. Furthermore, it discusses how these challenges can be overcome and assesses potential solutions, such as regulatory sandboxes and innovation hubs. The study concludes that AML rules are essential to strengthen financial stability; however, a more harmonized and technologically adaptive regulatory approach is necessary to promote innovation without compromising risk mitigation. Strengthening international cooperation and taking advantage of digital regulatory tools could be key in determining the future of fintech compliance and sustainable growth.
Digitalisation of the EU Healthcare System: Member States Enabling the European Health Data Space
This article presents a comprehensive overview of the legislative and policy frameworks adopted at the EU Member State level in healthcare systems and analyses the development of their implementation regarding the 2030 digital targets. The comparative analysis of national strategies for the digitalisation of health services aims to provide information on the existence of the framework for digitalisation of the sector and on the implementation of the e-health record system, and to assess the feasibility of achieving the goal in each Member State and in a cumulative way for the European Union and its Digital Decade Policy Programme. The output of the analysis is an essential contribution to the current process of creating a common European health data space, for which the creation of an e-health information system that is digital and shareable is a prerequisite for interoperability, while ensuring digital inclusion for everyone.
Digital Transformation and Human Resources Planning in Public Administration: Insights from the Spanish Experience
Digital transformation is reshaping public administration, especially in human resource management. This article explores how it redefines organisational values, skills, and roles, highlighting job evaluation as crucial for adapting to new digital demands. It also addresses HR planning challenges, stressing the need to anticipate future profiles and build a culture that embraces technological innovation to create a more agile and efficient administration.
Commercial Registers as Administrative Databases: Balancing Public Accessibility and Privacy
Countries develop various administrative databases in order to better perform governmental functions or to specifically influence certain civil relations or the behaviour of individuals. One particular and distinctive type of database containing personal data is commercial registers in Europe, which have a specific characteristic: they are accessible to the public and the data published has a binding nature. At the same time, this public accessibility of the personal data in commercial registers, especially with the increasing availability of digital technologies and their impact on society, can create a conflict with the privacy of the individuals included in these databases. This article first examines commercial registers as a form of public digitalisation, and then how the European Court of Justice, in its case law, balances the public accessibility which is an integral part of commercial registers with the right to privacy and data protection. In conclusion, the article generalises the lessons from the European Court of Justice case law and from legal scholarship that can be applied to preserve privacy, while the public accessibility of commercial registers is respected.
The Digital Markets Act: What Have We Learned after the First Years of Its Application?
The Digital Markets Act (DMA) became applicable in May 2023. It is completely new piece of legislation affecting a sector which has not been subject to any specific regulation before, and it introduced brand new concepts aimed at protecting the digital rights of consumers and business entities alike. What have we learned after the first years of its full application? Has the European Commission’s practice clarified the concepts that were disputed? Did it have any measurable effects on the markets? Has it brought any specific improvement in consumers’ digital rights? This paper re-interprets the DMA in the light of recent case law, evaluates its practical impact so far and tries to predict how its future application might affect the protection of digital rights.
Gender Bias in AI Systems: A Critical Analysis of Regulatory Frameworks and Policy Responses
The rapid proliferation of artificial intelligence systems has exposed pervasive gender biases that reflect and amplify existing societal inequalities, posing significant threats to gender equality and women’s fundamental rights. This article examines gender bias in AI systems through both theoretical and regulatory lenses, analysing how these biases manifest and can be addressed through comprehensive policy frameworks. The first section provides a systematic literature review exploring how bias becomes embedded in algorithmic systems through biased training data, algorithmic design choices, and broader cultural contexts. The second section examines policy responses, comparing UNESCO’s comprehensive recommendations with the European Union’s Artificial Intelligence Act and referencing the Council of Europe Framework Convention on Artificial Intelligence. This analysis reveals a significant disconnect between aspirational frameworks and practical implementation, demonstrating that existing regulatory approaches inadequately address gender bias in AI and highlighting the urgent need for comprehensive integration of gender equality considerations into AI governance frameworks.
The AI Act: Challenges for Justice and Democracy in the Deployment of AI-Based Systems
The entry into force of the AI Act will have a significant impact on the practices of both private and public actors. The Act identifies areas where there is a particularly high risk of the violation of fundamental rights, including the administration of justice and democratic processes. This article analyses the provisions of the AI Act for the use of AI systems in these areas, outlines the framework for their use and identifies the main risks to human rights. It considers the most important challenges arising from the AI Act in relation to justice and democratic processes, as well as the difficulties in interpreting the Act in this regard. It also proposes an approach that EU Member States can follow to adjust their national legal systems to meet these new challenges. It suggests that these challenges require a coherent process for the digitisation of justice that distinguishes between systems subject to high-risk AI regulation and those that can be implemented without such burdens. Regarding democratic processes, Member States must implement regulations that, first, promote transparency in the use of AI tools and, second, encourage cooperation with online platforms in monitoring them.
The Increased Likelihood of Identification as EU Citizens among Critical Yet Positively Minded Young Digital Users
In this article, we provide empirical evidence demonstrating that both identification with EU citizenship as well as active digital engagement depend significantly on young people’s abilities as critical thinkers. More specifically, we demonstrate that critical yet positively minded young people are more likely to identify as EU citizens. Such healthy sceptics are also more likely to report that they know their citizens’ rights and obligations and claim to be well informed about EU decision-making. We provide a more detailed analysis by distinguishing between four categories of youth digital users based on variety in their critical thinking modes and their identification as EU citizens; they can be described as rejecting, engaged, trusting or disinterested. They vary in their level of digital media use, modes of critical thinking, fact-checking and EU identification. We offer evidence indicating that the category of engaged youth demonstrates digital literacy traits that contribute to fostering digital citizenship. In other categories, there is ample opportunity for the enhancement of digital literacy skills. We offer empirically based guidelines tailored to the unique needs of the different groups of youth digital users that we have identified.
Civic Engagement in the AI Age: The Role of Digital Activism in Fostering Democratic Technologies
This paper examines the crucial role of activism and civil society in strengthening democratic values, particularly in the context of the contemporary challenges posed by artificial intelligence (AI). People’s involvement through different forms of associative participation fosters accountability and social capital, essential for democratic resilience. However, the rise of AI poses risks, including manipulation through disinformation, deepfakes, and privacy violations, which threaten democratic processes and fundamental rights. In response to such threats, digital activism emerges as an essential tool, not only for mobilising people but also for steering technological development towards more inclusive and responsible forms. The article argues that digital activism should not be limited to awareness-raising or AI literacy initiatives, but rather should be recognised as a proactive force in the definition of an ethical AI consistent with democratic values. In this framework, participatory design represents a fundamental methodological tool; indeed, it aims at involving different stakeholders in AI design processes to create more responsible technologies. Therefore, through the active involvement of digital activism associations in AI decision-making processes, people can contribute to the democratic control of technologies and the safeguarding of fundamental freedoms. Just as civic engagement has historically strengthened democratic institutions, digital activism therefore has the potential to guide AI development towards fairer and more transparent and accountable technological futures.
Digital Citizenship and the Right Not to Use the Internet: The European Approach
The growing importance of the concept of digital citizenship reflects the integration of online participation, rights, and responsibilities into everyday life. European policies and initiatives increasingly emphasise digital inclusion, universal access, and the promotion of digital literacy as prerequisites for active citizenship in the digital era. At the same time, the question arises of whether individuals should also be entitled to a right not to use the internet without facing social, economic, or political exclusion. This article explores the European approach to digital citizenship in the context of this emerging right, highlighting tensions between policies aimed at inclusion and the freedom of individual choice. It analyses how to reconcile the promotion of digital participation with respect for the autonomy of individuals who choose to remain offline. It also argues that recognising the right not to use the internet is crucial for protecting personal freedoms and preventing forced digital dependency, while inclusive strategies should ensure that non-users are not marginalised in exercising their civic rights.
Unequal by Design? Reclaiming Digital Access as a Fundamental Right in the EU
This article explores the EU’s evolving approach to digital inclusion, focusing on how current policies and legal frameworks address the needs of vulnerable groups. Despite ambitious targets under the Digital Decade Policy Programme 2030, large disparities persist along lines of age, education, geography, and migration status. Drawing on recent Eurostat data, legal analysis, and case studies from Member States, the article identifies key structural and design-based barriers that prevent meaningful participation in the digital society. It argues that digital inclusion must go beyond infrastructure and skills training to become a guaranteed right, integrated into enforceable legal standards. The analysis highlights both progress and critical gaps in EU policy, such as a lack of binding subgroup targets and uneven accessibility provisions. The article concludes with concrete recommendations for turning digital inclusion from an aspirational value into a legal, operational, and measurable component of European citizenship.
The Digital Agora: Emerging Technologies, Freedom of Information and Democratic Space
The digital revolution, fuelled by information technologies, has profoundly transformed the perception of reality and subjective interactions, with significant political, legal, social and economic implications. Current communication technologies hold a pervasive, often opaque, computational power that develops in virtual contexts in which the individual merges with the digital environment. In this scenario, the risk is that algorithmic solicitations, based on in-depth knowledge of individual habits, produce a form of hidden governance of choices, accentuating the information asymmetry between users and digital service providers. The contemporary world, defined by data correlations and algorithmic selections, thus takes on the characteristics of a ‘black-box society’, in which the distinction between the state and the market is blurred, new forms of surveillance emerge, and democratic principles and the rule of law are called into question. In the absence of defined spatial boundaries, regulatory divergences between the United States and Europe on the right to freedom of expression highlight the need to harmonize different legal and cultural visions. Therefore a global regulatory approach is proposed that can integrate human values into algorithms and promote digital education as a tool to increase civic awareness and collective responsibility in the information ecosystem.
Jawność postępowania gospodarczego a elektronizacja procesu cywilnego
The principle of openness is a guiding principle of the organisation of justice; the right to an open hearing of a case, inter alia a civil case, is a human right, although not an absolute one. Therefore the digitisation of the civil process should not affect this right. All forms of digitisation are in practice really concerned with the technical and not the substantive aspects of the proceedings. Technical innovations aimed at improving the civil process should be introduced primarily in commercial cases; in the digital age, this does not infringe on the right to a court. Before attempting to apply artificial intelligence to the adjudication of court cases (if that is really possible), it would be advisable first to completely digitise the civil process, especially commercial proceedings.
Prawa autorskie (c) 2025 Białostockie Studia Prawnicze
Unseen Influence: Computational Propaganda, Free Elections, and the Reluctance to Seek Judicial Remedies in Poland. Evidence from AI-Assisted Case Law Analysis
The Polish electoral system adheres to the principle of free and fair elections. This principle has a defined content, and its backbone remains access to truthful information and the free shaping of opinions about a candidate or an issue put to a referendum. However, the enormous increase in computational power and the associated development of artificial intelligence have caused electoral competition to become highly aggressive; it no longer avoids false information, messages appealing to negative emotions, or calls for violence. Very Large Online Platforms’ predictable abdication of their role as moderators of public debate leads to the question: How can or should public authorities protect integrity and freedom of participation from abuse in the era of digital constitutionalism? Should we rely on a litigation system where the initiative comes solely from the participant in the electoral process, or should we also include the regulatory power of the electoral administration? What picture of electoral campaigns is provided by Polish jurisprudence concerning electoral disputes
The Right to (Not) Make an Electronic Will: The Case of Nevada
In 2001, the US state of Nevada became the first in the world to issue regulations directly introducing electronic wills into the legal system. This article provides a brief historical overview of this regulation, as well as the practice of preparing them (or rather the lack thereof) for many years after their introduction. In July 2019, the Uniform Law Commission (Electronic Wills Committee) completed work on the framework for the Uniform Electronic Wills Act, which can be easily adopted by all states. This Act covers the basic regulations necessary for preparing electronic wills, omitting the more controversial and extensive ones found in the Nevada Revised Statutes and leaving states free to choose some of the proposed solutions. The approval of the Uniform Electronic Wills Act and the emergence of the COVID-19 pandemic and the associated isolation undoubtedly contributed to the increased interest of state legislatures in electronic wills, as well as the acceleration of work on related legislation. The possibility of witnesses participating in the preparation of a will without being personally present but rather using remote attestation using audiovisual communication turned out to be particularly attractive. The list of states explicitly regulating the form of electronic wills has begun to grow, and at the same time, mentions of the first electronic wills being prepared have begun to appear.
The Legal Entity Identifier and Legacy Systems: Harmonisation, Interoperability, and Balance in Digital Governance
This article examines the Legal Entity Identifier (LEI) as a cornerstone of contemporary digitalised governance. Originally introduced in response to the 2008 financial crisis to address systemic opacity in financial markets, the LEI has since evolved into a global public-good infrastructure that enables interoperability, transparency, and accountability across jurisdictions and sectors. This study investigates the extent to which the LEI can be effectively implemented in Poland and the European Union, and what legal, institutional, and economic barriers constrain its universal adoption. The research employs a multi-method design, combining doctrinal and comparative analysis with empirical evidence from European supervisory projects (the EIOPA, ESMA, ECB, and EBA) and a Polish case study conducted under an NCN project on tax administration. Findings confirm that the LEI strengthens systemic risk monitoring, audit quality, and SME participation in global trade, but also reveal persistent barriers, including renewal costs, administrative burdens, and fragmented domestic identifiers. The analysis identifies four pillars of reform – universality, interoperability, continuity, and public co-financing – necessary to embed the LEI within governance systems. Comparative lessons from the United States and Japan demonstrate that statutory identifiers can extend beyond finance and support innovation while oversight is maintained. The article concludes that only by recognising the LEI as a structural component of digitalised governance can its transformative potential for transparent, resilient, and inclusive public administration be fully realised.
Legal and Ethical Issues Related to the Use of Artificial Intelligence in the Field of Justice
The rapid development of artificial intelligence (AI) has created many opportunities in various areas of human life, such as facilitating healthcare and education, improving production processes and creating labour efficiencies, or enabling human connections through social media, to name a few. Even though AI technology can be of excellent service to humanity, it also risks embedding biases which result in discrimination and inequality, as well as violations of human rights and fundamental freedoms, which, not surprisingly, raise numerous legal and ethical concerns. Given these issues, this paper endeavours to provide some insights into the application of artificial intelligence in the judiciary and to answer some questions which might be posed in this context: Are AI algorithms capable of simulating judicial decision-making? Can legal and ethical standards characteristic of the judicial function be maintained when AI tools are employed in the field of justice? The main highlights of the paper refer to the shaping of the legal framework in the AI area, compliance with ethical guidelines and recommendations, and risks and biases created and embedded by AI algorithms, as well as the issue of transparency towards both parties and the public, and in the area of AI algorithmic reasoning and methods. The paper concludes with some examples of national case law from courts’ decisions on AI from five EU Member States, which provide specific case background for the issue in question.
The Right to Privacy and the Obligation to Transfer and Authenticate Personal Data through the Internet: Conflicting Issues
Contemporary legal and commercial solutions practised by various types of businesses are associated with a definition of precisely specified obligations imposed on the actors of the indicated activities (natural persons, legal persons and other legal entities). This also includes an obligation to perform specific actions only (or in parallel) electronically, including the implementation and application of top-down (authoritative) authentication processes, defined by legislation and by commercial entities. In practice, there is a lot of controversy concerning both the necessity of such solutions and the definition of the nature and scope of protection of the rights of individuals who are obliged to transfer certain information in this way. This is not only about minimizing the possible liability of the specific actor who obtains this type of data (the administrative body, institution or entity, e.g. an entrepreneur) for its loss and/or improper use, but in general about justifying the necessity of this type of obligation. Analysis of these issues will be presented as part of a substantive study considered in the light of limits for protecting the right to privacy.
The Development and Implementation of the Right to Disconnect in Different Jurisdictions
This article examines the development and implementation of the right to disconnect in selected jurisdictions, with particular attention to its legal foundations and its implications for employee well-being, productivity, and work–life balance. The central hypothesis is that explicit statutory regulation, supported by organizational practice, provides stronger protections for workers than reliance on general working-time provisions alone. The study applies doctrinal, comparative, historical, and socio-legal methods, and incorporates insights from a small-scale survey of remote workers. The analysis shows that while France and Italy have introduced comprehensive legislative frameworks, other countries, such as Romania and Japan, continue to rely primarily on working-time limits, and Canada is moving towards a mixed federal–provincial model. The article concludes that sustainable implementation of the right to disconnect requires not only statutory safeguards but also collective bargaining, cultural change, and sector-specific adaptations.
Digital Coercion? The Financial Market and the Right to Digital Opt-Out between Fiction and Reality
This article examines the challenges that digitalisation poses for the regulation of contemporary financial markets and the implications for individual freedom. The financial sector demonstrates how ‘digital coercion’ can threaten the right not to use technology, raising questions about the balance between protecting citizens’ rights and enabling participation in a digitalised economy. The focus is on how technological development, especially artificial intelligence (AI), affects everyday interactions with financial systems and whether individuals still have a genuine choice to remain outside digital frameworks. The analysis relies primarily on the dogmatic-legal method, complemented by axiological reflection and critical legal perspectives, to reveal tensions between existing regulations, constitutional values and human rights. Digital coercion occurs when opting out of technology is no longer practically possible, particularly in finance where alternatives diminish as digital tools dominate. While it may be theoretically possible to avoid financial technology, doing so risks exclusion from essential functions such as accessing credit or managing finances. EU regulations like the AI Act, MiCA and DORA reinforce this process, promoting and effectively enforcing digitalisation while limiting the right to digital opt-out. Although these frameworks aim to safeguard privacy and freedom, in practice technologies and algorithms increasingly shape financial markets, often in opaque ways. In line with Lawrence Lessig’s notion that ‘code is law’, algorithms become de facto lawmakers, establishing norms that constrain free consumer choice. Consequently, the right not to use technology becomes largely illusory when access to fundamental services depends on technological infrastructure.
The Limited Use and Non-Use of Digital Tools and Technologies in the Activities of Political Parties in Poland
This article examines selected causes and manifestations of a limited use or outright non-use of digital technologies and tools by political parties in Poland. The analysis focuses on key areas of party activity within the digital ecosystem, particularly internal dimensions such as membership, party financing, internal e-voting, and decision-making processes. The research design combines a review of the existing literature, critical analysis of primary sources (including party websites and statutes), and original data derived from an expert survey.
(Nie)dopuszczalność stosowania neurotechnologii w miejscu pracy
Neurotechnology, together with the rapid development of artificial intelligence, opens up a world of almost infinite possibilities. It is also finding applications in the work environment. Despite the undoubtedly positive effects of the use of neural tools in the workplace (the possibility of improving work efficiency, enhancing the health and safety system, or risk management), they bring obvious threats to the dignity, privacy, psychological privacy, and other personal assets of the worker. There is no doubt that technological progress will redefine human life, may significantly affect social relations as we have known them so far, and will give rise to unprecedented consequences for human rights. It is therefore legitimate to ask whether the existing legal regulations are a sufficient response to these challenges, or whether it is nevertheless necessary to amend the regulations or enact a new law.
Czas pracy a prawo do bycia offline – analiza w świetle koncepcji „non-use of technology” w prawie polskim i unijnym
The development of technology undoubtedly affects the way work is performed. New digital tools significantly influence the performance of work, on the one hand introducing flexibility and new opportunities, but also leading to the blurring of boundaries between the professional and private spheres. The increasingly widespread use of digital tools – including communication and monitoring applications – creates new challenges in the area of employee privacy protection and the realization of the right to rest. In this context, growing emphasis is placed on the concept of non-use of technology, which denotes the right to refrain from using technology in the name of autonomy and well-being, as well as on the right to disconnect, understood as the employee’s entitlement to be unavailable outside working hours. Both concepts complement each other and may constitute an element of employee rights protection. The aim of this study is to present the essence of the right to disconnect and its connection with working time and the right to rest, as well as to indicate the extent to which EU and Polish regulations provide protection against the culture of permanent availability. The analysis encompasses legal acts, case law, and scholarly literature, which allows for an assessment of whether the right to disconnect should be regarded as an instrument supplementing traditional labour law provisions in the context of advancing digitalization.
Human Rights and Digital Choice: Rethinking the Right (Not) to Use the Internet
As digitalization permeates nearly all areas of life, access to the internet has become essential for the exercise of numerous human rights, including freedom of expression, access to information, and participation in public life. However, the growing expectation to engage digitally may undermine individual autonomy, especially when access to fundamental services or legal entitlements depends on being online. This article examines the underexplored concept of the right not to use the internet as a human rights issue. It argues that digital non-use – whether by choice, necessity, or circumstance – must be recognized as an aspect of informational self-determination rooted in the principles of dignity and autonomy. While access to the internet facilitates other rights, the freedom to disconnect is equally essential to prevent new forms of exclusion, coercion, and surveillance. Drawing on evolving interpretations of existing rights – particularly the rights to privacy, freedom of expression, and non-discrimination – the paper proposes that digital autonomy requires protecting both positive and negative dimensions: the right to use the internet and the right not to use it. It hypothesizes that formally recognizing a ‘right to digital non-use’ as a separate human right faces significant challenges in highly digitalized societies, while the existing European human rights framework is sufficiently robust to protect this right. The analysis supports both hypotheses.
Prawo dostępu do Internetu, prawo do niekorzystania z Internetu i prawo do bycia offline a prawo do prywatności – czy multiplikacja praw człowieka jest remedium na ich efektywność?
The research objective of this study is to address the need for scientific interest in categories that are somewhat overshadowed by analyses dedicated to internet access, namely the categories of not using the internet and being offline, and their possible conceptualisation within the framework of the next human rights, in order to then refer to the longer history of human rights and the established status of the right to privacy. The leading research perspective is that of human rights, which has allowed important questions to be asked in the context of the intensifying phenomenon of the multiplication of rights. In this context, is moving towards a standardisation of the right to access the internet, the right not to use the internet and the right to be offline justified and, as such, is it confirmed in the axiologically conditioned protective function of law? Does the multiplication of rights not undermine the effectiveness of their protection mechanisms and obliterate the values underlying them and the scope of their protection? Should the well-established right to privacy shape the content of the right to access the internet, or on the contrary the right not to use the internet or the right to be offline, even if one wants to recognise them as having a postulatory character de lege lata?