The Nature of the Right to Personal Data: A Civil Law Perspective DOI Creative Commons
L. SHVETS

Siberian Law Review, Journal Year: 2024, Volume and Issue: 21(4), P. 579 - 595

Published: Nov. 20, 2024

In today’s context of growing volumes personal data and the increasing number legally significant actions that can be conducted with access to such data, importance legal protection for has become more pronounced. This paper aims examine nature right data. Based on an analysis Russian legislation, Author concludes there exists unnamed, independent subjective right, which serves enable subject control define conditions processing, as well protect from unauthorized use. The study critically evaluates current scientific debate regarding this right. Three primary approaches in academic discourse autonomy are identified, tentatively categorized “ignoring”, “denying”, “recognizing” approaches. notes lack a uniform approach naming suggests designating it “the inviolability data”. is characterized independent, subjective, non-property, absolute civil further explores under arises terminates. Specifically, originates at birth individual terminates when purpose processing ceases, typically upon death whose was processed. need succession justified allow heirs ensure testator’s if its continues posthumously. distinguishing between privacy, argues these distinct rights. They interconnected only theoretical frameworks use protective measures one other infringed. A trend judicial practice been where courts recognize existence Although not explicitly named, nonetheless afforded protection.

Language: Английский

Improving the mechanism of protection of a special category of personal data DOI Open Access
П. А. Новиков

Право и политика, Journal Year: 2025, Volume and Issue: 2, P. 65 - 77

Published: Feb. 1, 2025

With the constant growth of digitalization and use various electronic platforms, any data leaves behind traces information that relate to both publicly available special categories data. The article discusses problems protecting personal in context growing threats security. regulatory framework Russian Federation, as well international standards such General Data Protection Regulation, are analyzed order identify deficiencies protection highly sensitive data, including about health, biometrics, political religious beliefs. A comprehensive approach improving mechanism for this is proposed, technical organizational measures, strengthening legal regulation, introduction encryption technologies, anonymization, biometric authentication, a risk assessment system. describes ways enhance role Roskomnadzor ensuring security, through expanding its powers toughening responsibility violations. research methods aimed at holistic integrative understanding problem, therefore, included an analysis acts existing mechanisms study technological aspects used ensure potential weaknesses their processing. scientific novelty lies development implementation innovative approaches technologies provide higher level security confidentiality specific related lives citizens. rapid digital increase volume processed, becoming critical task prevent unauthorized access, dissemination information. One key adaptation norms modern challenges, which includes new user identification authentication. conclusions developing recommendations confidential information, contributing national legislation requirements effectively countering field

Language: Английский

Citations

0

The Right of the Consumer to Protect Personal Data and its Implementation DOI Creative Commons
А. Н. Сурков, V. D. Ustinov

Proceedings of the Southwest State University Series History and Law, Journal Year: 2024, Volume and Issue: 13(6), P. 78 - 88

Published: Jan. 26, 2024

Relevance. The article discusses ways to protect the personal data of consumer as their subject. It is noted that risk violation rights this category citizens has increased significantly in era digitalization. Legislative novelties proposed by scientific community concerning recognition a non-property good are analyzed. Based on generalization judicial practice, approaches assessing illegality processing, distribution or use other people's decisions claims for such actions violating provisions civil legislation shown. purpose study supplement knowledge about and improve quality law enforcement practice when considering cases category. Objectives : analyze Constitutional, Supreme Courts Russian Federation, courts general jurisdiction protection identify problems related implementation right. Methodology. When writing work, methods analysis synthesis, system-analytical, documentary formal legal were used. results theoretical applied nature aimed at finding optimal solutions effective consumer's right protection. issue legislative person's intangible raised order ensure proper restoration violated rights. conclusions made article, well proposals made, continuing developments stated topic, debatable allow uniform way resolve arising Conclusion solving way.

Language: Английский

Citations

0

The Nature of the Right to Personal Data: A Civil Law Perspective DOI Creative Commons
L. SHVETS

Siberian Law Review, Journal Year: 2024, Volume and Issue: 21(4), P. 579 - 595

Published: Nov. 20, 2024

In today’s context of growing volumes personal data and the increasing number legally significant actions that can be conducted with access to such data, importance legal protection for has become more pronounced. This paper aims examine nature right data. Based on an analysis Russian legislation, Author concludes there exists unnamed, independent subjective right, which serves enable subject control define conditions processing, as well protect from unauthorized use. The study critically evaluates current scientific debate regarding this right. Three primary approaches in academic discourse autonomy are identified, tentatively categorized “ignoring”, “denying”, “recognizing” approaches. notes lack a uniform approach naming suggests designating it “the inviolability data”. is characterized independent, subjective, non-property, absolute civil further explores under arises terminates. Specifically, originates at birth individual terminates when purpose processing ceases, typically upon death whose was processed. need succession justified allow heirs ensure testator’s if its continues posthumously. distinguishing between privacy, argues these distinct rights. They interconnected only theoretical frameworks use protective measures one other infringed. A trend judicial practice been where courts recognize existence Although not explicitly named, nonetheless afforded protection.

Language: Английский

Citations

0