Digital Sovereignty in the Context of Globalization: Philosophical and Legal Aspects

Bulletin of Kemerovo State University Series Humanities and Social Sciences, Год журнала: 2020, Номер 2020(2), С. 146 - 152

Опубликована: Окт. 2, 2020

The article features the problem of consolidating and understanding digital sovereignty State individual. author addresses challenge establishing a correlation between idea global socio-political change. paper focuses on effect modern trends social development, i.e. accelerated informatization globalization, development doctrine its legal design. believes that is reaction to transformation order, which resulted in new doctrinal provisions norms. They give citizens right determine process formation, storage, management data, as well ensure their inviolability. formalization can indicate either protection statehood personality or, contrary, absorption by structures order. As result, such categories "sovereignty, "statehood, or "personality" may eventually lose actual meaning real content. conceptualization phenomenon neurosovereignty implementation programs might be future theory practice sovereignty.

Язык: Английский

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The Concept and Classification of Genomic (Genetic) Information

Lex Russica, Год журнала: 2020, Номер 7, С. 50 - 58

Опубликована: Июль 23, 2020

The importance of genomic information has now increased due to the possibility its practical use. Meanwhile, understanding term “genomic information” is specified based on different criteria. Genomic proposed be classified depending following criteria: 1) origin a biological sample, 2) place fixation and storage information, 3) purpose use, 4) completeness examination, 5) relation person acquisition his or her 6) scope content. can presented as generic concept referring all objects, special (species) only humans, subspecies reflecting specificity such in particular area activity. living being (human, animal, plant, microorganism) understood data certain fragments deoxyribonucleic acid (sometimes ribonucleic acid) basis which identified other permitted activity carried out. Human defined biometric personal extracted from individual corpse, it possible identify, determine genetic predispositions extract patterns development human obtained voluntarily, and, cases provided for by law, forced fixed sample and/or stored an map database. It proved that existing laws new law dedicated regulation application technologies should amended instead adopting “On Genetic Information”.

Язык: Английский

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Areas of Legal Impact in the Field of Genomic Research: Russian and International Experience

Вестник Пермского университета Юридические науки, Год журнала: 2020, Номер 50, С. 638 - 649

Опубликована: Янв. 1, 2020

Introduction: along with major civilizational revolutions, the past 50 years have seen advances of biotechnological, or genetic, revolution. It has resulted in development industries such as transplantology, pro-creative technologies, gerontology, etc., which led to a sharp change anthropological situation and transformation human corporeality. Due biotechnological revolution, people learned how diagnose treat hereditary diseases, life expectancy increased, birth control became possible. This revolution gave rise new conceptual language, structure concept ‘genomic information’ occupies most important place. Purpose: article is devoted analysis substantiation areas legal impact on results genomic research, caused by technological modernization information processes occurring chemical, biological, medical science practice. To achieve this goal, authors study problems arising from circulation analyze directions objects appearing result research. Methods: methodological framework research based universal (philosophical), general scientific, specific (including special legal) scientific methods: dialectical, logical, concrete historical, sociological, comparative formal legal. The specificity subject determined use systems approach. Results: we can distinguish three aspects ‘genome’: functional, informational, axiological. genome defined different ways depending chosen; accordingly, means elements are used within each aspects. Legal relations being focus legislators' attention significant influence choice impact. Conclusions: today it necessary seek solutions legally ensure establishment, regulation, protection social field also supplement current legislation Russian Federation norms protective nature that would prohibit employers other organizations demanding requesting genetic tests condition for hired receiving benefits.

Язык: Английский

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Issues of Civil Law Regulation Regarding the Protection of Civil Rights When Using Genetic Information

Вестник Пермского университета Юридические науки, Год журнала: 2021, Номер 52, С. 263 - 284

Опубликована: Янв. 1, 2021

Introduction: the article deals with some basic legal issues that arise from use of human genetic information. There exist defining nature such information, which we identify in article. Current regulation is not able to take into account peculiarities information and provide an effective protection against misappropriation improper when carrying out diagnostics, working biomaterials. At moment, special public law civil procedure for obtaining, accumulating, processing, accessing, protecting required. Purpose: develop a conception field rights using propose possible ways resolving those, done based on analysis scientific works as well international Russian legislation. Methods: empirical methods comparison, description, interpretation; theoretical formal dialectical logic. Specific methods: legal-dogmatic method interpretation norms. Results: order overcome associated it necessary system guarantees aimed at ensuring respect dignity, interests individual, their prevent harm its use. Conclusion: threat illegal violation rights, government must number important measures introduce amendments supplements statutory regulations: individual acquire status, namely, be set apart group personal biometric form independent type data restricted access kinship (blood) relationship between third parties carrier information; bring provisions legislation line Law Personal Data; legislatively specify regime preservation obtained result gene diagnostics framework activities biobanks. Such would make unified right combination norms private life.

Язык: Английский

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Legislation of the Russian Federation in the Field of Protection of Genomic and Genetic Information in the Framework of Medical Diagnostics

General Reanimatology, Год журнала: 2024, Номер 20(3), С. 65 - 74

Опубликована: Июнь 4, 2024

Objective: to formulate recommendations and proposals for improving legislation in the field of protection genomic genetic information, including those obtained as a result medical diagnostics. Materials methods. We analyzed 18 regulatory legal acts, 4 international, 3 acts foreign states, 11 domestic judicial practice area under study. In addition, scientific works on this topic were analyzed. course study, we used formal-logical, dogmatic, comparative method axiological approaches. Results. formulated concepts information demonstrated differences between these concepts. showed topical issues protection, identified problems regulation relevant relations, regulation. Conclusion. Based performed research results, recommend: 1. To incorporate Russian Federation principle that would allow use further depending certain cases using criteria-based approach, when such should meet important public interests, example, contributes developing methods treatment serious socially significant diseases. 2. Regulate relations obtaining consent biological material purposes (for within framework Federal Law "On Personal Data"). 3. define No. 86-FZ July 5, 1996 State Regulation Field Genetic Engineering Activities" require ethical examination order comply with safety clinical trials gene diagnostic methods, well other cases. 4. Medical organizations shall ensure compliance rules professional ethics terms data confidentiality, carry out their depersonalization, notify patients writing about regime and, result, provide guarantees patients, relatives.

Язык: Английский

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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

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Legal Protection of Genetic and Genomic Information in Genomic Legal Relationship: A Civil Law Aspect

Lex genetica., Год журнала: 2024, Номер 3(3), С. 93 - 106

Опубликована: Окт. 25, 2024

Genetic and genomic information has enormous potential. In the near future; such may be determined as an integral part of world order in general; legal particular. The author examines modern theory relations; applying it to relations regarding genetic methods protecting information. mechanism civil law protection identify those means by which is possible ensure research aimed at studying illustrating ensuring

Язык: Английский

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The Nature of the Right to Personal Data: A Civil Law Perspective

Siberian Law Review, Год журнала: 2024, Номер 21(4), С. 579 - 595

Опубликована: Ноя. 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.

Язык: Английский

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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

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Legal regime of biobanks in domestic legislation

Juridical Journal of Samara University, Год журнала: 2021, Номер 7(1), С. 57 - 62

Опубликована: Июль 7, 2021

In the article on basis of a critical analysis existing positions in doctrine concept biobank as an object rights was formulated. At same time, it is proposed to distinguish between organizations charge biobanks and collections themselves. It concluded that complex object, which differentiated unity, since its elements, one hand, are autonomous, but other interconnected interdependent. emphasized formation single legal regime complicated by substantive heterogeneity this diversity elements. Taking into account experience European States field regulation scientific views, idea publishing basic special law biobanks, should establish their rules for under jurisdiction supported. The need working with provide unprecedented protection proven. structure has been determined most important component group obtaining consent holder further use data derived from them identified. feasibility introducing more diverse forms circulation contents justified.

Язык: Английский

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