디지털서비스 이용자의 보호에 관한 연구 -디지털 입헌주의로부터의 시사점을 중심으로- = A Study on the Protection of Digital Service Users -Focusing on Implications from Digital Constitutionalism-

다국어 초록 (Multilingual Abstract)

With the advancement of digital technology, platform users have gained increased access to information and the ability to engage in open discussions. Nevertheless, platforms possess the capacity to control information dissemination from their privileged position, thereby potentially restricting users' rights to self-determination regarding personal information and their right to knowledge for commercial purposes. Consequently, it is imperative to implement measures to address these concerns.
Digital constitutionalism represents an ideological framework aimed at safeguarding fundamental rights and formulating normative responses to regulate power within the digital realm. Within the European Union, digital constitutionalism is employed to address the democratic crisis in digital society and to protect individuals' fundamental rights. This concept can be characterized by its emphasis on protection from private power, a risk-based approach, proceduralism, and transparency.
In line with the principles of digital constitutionalism, the European Union has recently implemented the Digital Services Act. This Act is regarded as a constitutional framework governing the Internet and digital platforms. It categorizes platforms based on their size and associated risk, including intermediary services, online platforms, very large online platforms and very large online search engines. The Digital Services Act assigns specific obligations to each category concerning content moderation and recommender systems in a tiered manner. From users perspective, content moderation is intrinsically linked to the principle of freedom of expression, while recommender systems are fundamentally associated with the rights to self-determination of personal information and the right to information. These relationships are analyzed through the lens of digital constitutionalism, which encompasses protection from private power, risk-based approaches, proceduralism, and transparency.
This analysis indicates that large-scale platforms should be regulated through a differentiated framework based on a risk-based approach. Measures implemented by platforms that may limit users' freedom of expression, such as content moderation, should be governed by enhanced procedural controls rather than content controls to mitigate controversies, including private censorship. Regarding personalized recommendations, user rights can be fortified by mandating platforms to elucidate the criteria for exposure and recommendations, thereby providing personalized services to enhance transparency. The protection of digital service users necessitates an approach grounded in digital constitutionalism, emphasizing the safeguarding of freedom of expression, the right to information, and self-determination of personal information from private entities such as digital platforms.