This publication is the translation of the second and third parts of the 2014 study of the Conseil d’État, entitled Fundamental Rights in the Digital Age. The first part offers an overview of the current situation and examines how the rise of digital technology has already prompted the recognition of new fundamental rights and changed the conditions under which they are exercised ; the second and third parts are innovative in that they aim at conciliating the protection of fundamental rights and the full use of digital technologies.



Digital technology presents a problem for fundamental rights insofar as it increases the amount of data generated and results in a generally networked world: it raises issues around the content of fundamental rights and how they are implemented. It undoubtedly increases individuals’ capacity to enjoy certain rights, such as freedom of expression and freedom to conduct a business, but at the same time it undermines others, such as the right to privacy or the right to security.



The Conseil d’État’s annual study comes at a time when the phenomenon has taken on a new dimension: a threefold upheaval is underway, in technical innovation, in the economy and in society’s understanding of digital technology.



This study endeavours to re-examine the protection of fundamental rights and address debated issues: net neutrality, internet governance, the “right to be forgotten”, data ownership and exploitation, Big Data and the unprecedented role played by major platforms.

The study does not, however, overlook the extent to which digital technology has contributed to the exercise of freedoms, the reform of public policy, innovation and economic growth. Its aim is not to propose additional protections against digital technology, but to ensure that the risks involved do not undermine its potential benefits.

The study puts forward 50 recommendations with the single goal of ensuring that digital technology supports both individual rights and collective interest.