Digital constitutionalism and legal protection of personal data in global perspective

Abstract

In this study, digital constitutionalism is defined as an indispensable regulatory framework for assessing global personal data protection regimes. Analyzing the basic principles of limiting digital power, protecting fundamental rights, algorithmic accountability, democratic participation, and balanced data sovereignty, the study identifies systemic weaknesses in various jurisdictions: inadequate restrictions on government and corporate power, inconsistent enforcement of rights, and unresolved contradictions between sovereignty and rights. Despite the fragmentation of regulation between law-oriented models (GDPR), market (USA), and sovereignty-security, constitutionalism defines universal foundations in human dignity and the rule of law. The article suggests ways of constitutional harmonization: multilateral dialogue through BRICS/The Council of Europe, minimum global standards of rights, strengthening international oversight and proportionality tests that align national security with the protection of rights.