PERSONAL DATA AS A CIVIL LAW CATEGORY
Валентина Дмитриевна РУЗАНОВА
The rule-of-law state theory and practice,
Год журнала:
2022,
Номер
18(3(69)), С. 77 - 83
Опубликована: Окт. 20, 2022
In
the
context
of
development
information
technologies,
there
is
an
urgent
need
to
strengthen
protection
personal
data,
including
by
actively
involving
them
in
sphere
civil
law
regulation
and
expanding
application
private
enforcement
mechanism.
Purpose:
substantiate
possibility
legal
recognition
data
as
a
category
identify
main
directions
legislation
this
area.
Methods:
methods
comparison,
description,
interpretation,
formal
dialectical
logic,
legal-dogmatic
method
interpretation
norms.
Results:
research
gives
opportunity
reveal
characteristics
which
allow
legally
recognizing
intangible
benefits,
acting
objects
rights;
establish
ratio
right
citizen
his
privacy
independent,
but
intersecting
concepts;
role
Federal
Law
«On
Personal
Data»
determining
basic
conceptual
apparatus
field
data;
propose
approach
formation
regime
identifying
general
provisions
establishing
specific
regimes.
Язык: Английский
Application of Genomic Data for Consumer Procedures in Banking
Lex genetica.,
Год журнала:
2024,
Номер
3(1), С. 33 - 43
Опубликована: Май 3, 2024
The
use
of
genomic
information
in
banking
–
particular,
when
issuing
consumer
loans
and
identifying
clients
determines
areas
for
the
development
legal
regulation
application
information.
establishment
regime
is
important
due
to
need
designate
responsible
persons
ensuring
safety
such
In
order
avoid
disputable
situations,
as
well
protect
interests
customers,
present
work
advocates
introduction
certain
amendments
Federal
Law
‘On
Personal
Data’
Russian
Federation
(2006).
According
proposed
amendments,
(genetic)
should
be
classified
personal
data.
It
therefore
becomes
necessary
increase
responsibility
recipient
information,
establish
rules
restoration
a
violated
right.
A
suitable
package
measures
aimed
at
sector
will
create
an
effective
mechanism
protecting
customers
provided
credit
institution
purposes
receiving
or
other
services
Язык: Английский
Civil Regulation of Genomic Data Sharing
Lex genetica.,
Год журнала:
2024,
Номер
3(2), С. 54 - 73
Опубликована: Авг. 3, 2024
The
legal
regulation
of
relations
concerning
genomic
information
has
undergone
several
transformations
over
recent
years
in
the
Russian
Federation.
Not
only
is
a
universal
approach
towards
such
civil
law,
including
regarding
possibility
sharing
information,
currently
lacking,
concept
remains
poorly
defined
as
an
object
rights.
A
special
regime
for
big
data
capable
processing
with
help
artificial
intelligence
technologies
also
lacking
current
legislation
Considering
great
potential
value
all
humanity,
and
need
data,
proposed
balanced
will
ensure
proper
protection
personal
non-propertyand
other
Thus,
present
work
sets
out
to
identify
specific
features
sharing.
When
determining
balance
between
public
private
interests
can
be
ensured
by
maintaining
non-property
rights,
ensuring
confidentiality
obtaining
consent
dissemination
accordance
law.
However,
order
do
this,
it
necessary
distinguish
conceptually
about
particular
person
on
basis
which
obtained.
status
human
biological
material
should
determined
along
regulations
its
obtain
at
same
time
defining
regulating
biobanks
stored.
Язык: Английский
Handling of Family Genetic and Genomic Data: An International Legal Aspect
Lex Russica,
Год журнала:
2024,
Номер
77(12), С. 84 - 93
Опубликована: Дек. 21, 2024
The
paper
attempts
to
analyze
international
legal
acts
that
express
approaches
and
principles
aimed
at
regulating
the
handling
of
genetic
genomic
data,
including
family
data.
At
level,
processing
data
is
regulated
as
part
a
more
general
management
regulation.
Meanwhile,
there
are
documents
devoted
directly
analyzes
specific
documents,
in
relation
relevant
level
Russian
Federation.
Based
on
results
study,
conclusions
drawn
related
possibility
using
domestic
legislation.
It
noted
most
regulation
expressed
norms
«soft
law»,
which
quite
consistent
with
stage
development
considered
social
relations.
All
finding
balance
interests
between
different
groups
and,
any
case,
public
private
(individual)
interests.
Rational
use
formulated
organizations,
taking
into
account
Federation,
will
make
it
possible
develop
proposals
for
improving
this
area.
Язык: Английский
Actual Problems of Domestic Legal Regulation of the Collection, Storage and Transmission of Genomic Information in the Context of Modern Challenges
Proceedings of the Southwest State University Series History and Law,
Год журнала:
2023,
Номер
13(3), С. 42 - 57
Опубликована: Июнь 30, 2023
Relevance.
The
implementation
of
the
international
project
"Human
Genome"
made
it
possible
to
decipher
it,
however,
volume
this
information
and
possibilities
its
application
both
for
universal
(pandemic
control)
terrorist
purposes
(development
biological
weapons,
targeted
at
a
particular
nation),
especially
in
conditions
political
tension
competition
leadership,
determine
need
forecast
potential
risks
develop
an
adequate
legal
regulation.
purpose
study
is
assess
current
state
security
genomic
obtained
framework
biomedical
research,
as
well
within
public
policy
sphere
security.
It
also
necessary
experience
foreign
countries
field
with
view
further
use
Russian
practice.
Objectives.
Comprehensive
regulation
collection,
storage,
destruction
allowed
identify
gaps
Finding
ways
solve
them
objective
study.
Methodology.
To
achieve
set
were
applied
methods
scientific
knowledge:
analysis,
synthesis,
system-analytical,
formal-logical,
system-legal
by
means
which
authors
carried
out
analytical
review
domestic
legislation,
identified
specifics
relations
under
proposed
solutions
problems.
Results
are
formulated
suggestions
changes
acts
legislation
relating
storage
control
access
information,
taking
into
account
studied
experience.
Conclusion.
existing
regulations
on
do
not
provide
protection
from
processing
transfer
third
parties.
For
reason
human
data
should
be
designated
"sui
generis",
expanded,
including
formation
federal
agencies
responsible
ethical
aspects
genetic
research.
Язык: Английский
Harmonization of health protection legislation and personal data legislation as a basis for the development of personalized medicine
Juridical Journal of Samara University,
Год журнала:
2023,
Номер
9(4), С. 38 - 45
Опубликована: Дек. 30, 2023
The
article
analyzes
the
health
protection
legislation
and
personal
data
in
terms
of
their
impact
on
implementation
personalized
medicine
practice.
It
is
concluded
that
since
development
associated
with
study
a
person’s
individual
data,
first
all,
his
genetic
harmonization
legal
provisions
medical
activities
information
as
type
takes
special
significance.
In
relation
to
medicine,
«head»
law
proposes
consolidate
general
regarding
use
an
individualized
method,
laws
identify
groups
norms
establish
specifics
using
this
method
carrying
out
specific
(direction)
activity.
As
final
conclusion,
idea
need
harmonize
substantiated,
primarily
regime
information,
well
features
medicine.
Язык: Английский
Public interests as a basis for the genetic information obtaining and using without consent of the person
Juridical Journal of Samara University,
Год журнала:
2021,
Номер
7(2), С. 42 - 47
Опубликована: Окт. 19, 2021
The
article
systematically
examines
the
collection,
storage,
dissemination
and
use
of
information
about
private
life
(including
genetic
data)
without
consent
data
subject
under
pretext
having
public
interests.
relevant
legal
provision
(Article
152.2
Civil
Code
Russian
Federation)
is
subjected
to
a
thorough
critical
analysis
from
perspective
of:
a)
identifying
its
relationship
with
norm
Federation,
which
provides
for
general
ban
on
uncoordinated
transactions
specified
information;
b)
breadth
uncertainty
content
due
absence
any
differentiation
regulation
based
type
actions
performed
information,
as
well
evaluative
nature
concept
interest).
Based
thesis
inexpediency
unconditional
refusal
category
interest,
author
emphasizes
relevance
formulation
legislative
fixation
algorithms
recognizing
fact
presence
interest
(taking
into
account
provisions
Article
55
Constitution
Federation),
establishment
restrictions
subject,
target,
organizational
other
in
interest.
Particular
attention
paid
issue
voluntary
participation
individuals
planned
passporting
population
Russia
(it
emphasized
that
ignoring
principle
cannot
be
explained
only
by
referring
Язык: Английский