New challenges of civil proceedings: protection of the rights to digital information and Big Data

Abstract

In the context of the digital transformation of public relations, civil justice is facing new challenges related to the need to protect the rights to digital information and Big Data. The article examines the legal aspects of ensuring a balance between access to digital evidence and the protection of personal data, virtual identities and digital traces of participants in the process. The provisions of the legislation of the Republic of Kazakhstan, the international approaches of the European Union, the USA, China, South Korea, as well as the current judicial practice of recent years are analyzed. The need to adapt procedural rules and evidentiary mechanisms to the realities of the digital environment is emphasized. Proposals have been made to improve national legislation and form a unified approach to the legal protection of digital rights in legal proceedings.