Human Rights, Cybersecurity, and Global Disruption: A Modern Legal Perspective

Abstract

This article investigates the fundamental normative conflict arising between the compelling need to maintain Cybersecurity and the imperative to protect Human Rights (HR), particularly digital privacy and freedom of expression, amidst global technological disruption. The primary objective of this study is to analyze how Modern Legal frameworks (national and international) are adapting and attempting to balance these two crucial interests. The research employs a juridical-normative methodology with a conceptual and comparative law approach, examining the HR principles of necessity and proportionality against state cyber surveillance practices and content regulation. The results reveal significant legal tension, where national legislation remains vulnerable to over-criminalization and mass surveillance, threatening civil liberties. The essential contribution of this article is the formulation of HR-based legal reform guidance, underscoring the necessity of strengthening checks and balances and corporate accountability, ensuring cybersecurity respects digital justice.