Digital Integrity: The Need to Better Protect Fundamental Rights in the Age of Online Platforms

Digital integrity is gradually finding its place in contemporary legal debates. Although it has not yet been recognized as a fundamental right at the international level, it is becoming a necessity in a world where our online lives are inseparable from our physical existence. Our data, our digital reputation, and our interactions on social media are extensions of ourselves, and the harms we suffer online can have real consequences on our well-being, dignity, or professional prospects.

Two main perspectives currently compete: For some, it is sufficient to extend existing rights – such as the right to privacy, honor, or reputation – to the digital realm. For others, the online world has its own specific characteristics that justify a dedicated legal protection. The digital space does not merely replicate the physical world; it operates according to its own dynamics and logic, with unprecedented issues related to identity, behavioral traceability, information virality, and the concentration of power in the hands of a few major platforms. This second view is, in my opinion, more convincing, as the risk of harm in the digital space is significant enough to warrant the creation of a right to digital integrity.

From this perspective, digital integrity does not imply that our digital avatars or online profiles should enjoy rights of their own. It is the real individuals who must be protected, as they are the ones who suffer the consequences of online harm. It is not a matter of creating rights for virtual entities, but rather of adapting the protection of fundamental rights to the challenges of the digital age.

This reflection is part of a broader debate on whether it is appropriate to legislate in order to regulate the development of new technologies or economic sectors. In reality, the answer depends on the legal domain concerned. In some cases, an evolving interpretation of existing norms is sufficient. This is true, for example, in civil law rules concerning the protection of personality. In other fields, such as criminal law, legislative adaptation is necessary to meet the specific challenges of the digital space. A conference held at the University of Neuchâtel in 2020 examined these issues and led to the publication of a collective volume titled Le droit à l’intégrité numérique : Réelle innovation ou simple évolution du droit ? (Florence Guillaume and Pascal Mahon [eds.], Helbing Lichtenhahn, Basel/Neuchâtel 2021). These studies highlighted the heterogeneity of legal situations and the need for a nuanced approach.

Switzerland illustrates this dynamic well. While a specific federal law on digital integrity is not currently on the agenda, several cantons have already taken the step of enshrining this right in their constitutions (Geneva since 2023 and Neuchâtel since 2024). This movement could eventually lead to national, or even international, recognition of digital integrity as a fundamental right. Switzerland’s signing, on March 27, 2025, of the Council of Europe Convention on Artificial Intelligence and Human Rights marks a major step toward recognizing the need to adapt fundamental rights to new technological realities. On this occasion, Switzerland clearly affirmed “its commitment to the responsible use of AI technologies in accordance with fundamental rights” (DETEC, Press Release of 26.03.2025).

Recognizing a fundamental right to digital integrity is particularly important in the environment of major online platforms. Key players such as Google, Instagram, or X (formerly Twitter) now wield significant influence over our lives. Recognizing digital integrity as a fundamental right – on par with human dignity or privacy – would mean requiring these actors to respect this right universally, regardless of their origin or business model. Unlike sector-specific regulations (e.g., those targeting major online platforms) or technological frameworks (e.g., those governing AI), digital integrity does not depend on the type of technology or service involved. Such recognition would ensure the unconditional protection of individuals in the digital space, beyond sectoral or technological logics.

Ultimately, the goal is clear: to ensure that our fundamental rights do not stop at the digital threshold. As the boundaries between the real and the virtual continue to blur, it is time to adapt our legal framework to this new reality – not by creating legal fictions for our digital identities, but by firmly affirming that every individual deserves full and complete protection, no matter the space in which they exist.

Suggested citation:
Florence Guillaume, Digital Integrity: The Need to Better Protect Fundamental Rights in the Age of Online Platforms, Blog of the LexTech Institute, 30 April 2025

On the same topic, read also:
Florence Guillaume and Sven Riva, The Right to Digital Integrity as a Shield Against the Hegemony of Big Tech, Blog of the LexTech Institute, 20 january 2021.