scholarly journals On some problems of legal regulation of the use of personal data during the election campaign

2021 ◽  
Vol 39 (3) ◽  
pp. 181-185
Author(s):  
V. L. Rasskazov ◽  
◽  
M. M. Pastukhov ◽  

This article is devoted to the analysis of some problems of legal regulation of the use of personal data during election campaigning. The authors carried out a study of the risks of using personal data, including those obtained by owners and operators of social networks and communication platforms on the Internet, for the purpose of political campaigning during the election campaign. The paper develops and justifies a system of proposals to resolve these problems, including: to counteract illegal actions related to the processing, transfer or use of personal data for political agitation; to supplement the current legislation with a number of terms, for example, "targeted advertising".

10.23856/4325 ◽  
2021 ◽  
Vol 43 (6) ◽  
pp. 198-203
Author(s):  
Oleksii Kostenko

The scale, speed and multi-vector development of science and technology are extremely effective in influencing legal, economic, political, spiritual, professional and other social relations. The development of information and communication technologies, the use of the Internet, the creation, storage, transmission, processing and management of information became the driving forces of the new scientific and technological revolution. This facilitates the introduction of technologies for the transmission and use of information in digital form in almost all spheres of public life, namely text data, photo, audio, video images, which are transmitted in various ways via the Internet and other systems and means of communication. One of the key elements of data transmission technologies and systems is the availability of information by which it is possible to identify their subjects and objects by their inherent identification attributes. In Ukrainian legislation, in particular in the Law of Ukraine «On Personal Data Protection», information or a set of information about an individual who is or can be identified specifically is defined as personal data. However, despite its modernity, this law still contains a number of shortcomings and uncertainties, both in terminology and in the legal mechanisms for working with data by which a person can be identified, i.e. identification data.


Author(s):  
Ana María Gil Antón

Este trabajo aborda, de manera sintética, uno de los problemas más relevantes con los que nos estamos encontrando en el Siglo XXI resultado del fenómeno de Internet, el de las redes sociales que constituyen vías consolidadas de relación e interacción cotidianas, no sólo de las nuevas generaciones de adolescentes y jóvenes, sino también de todo el conjunto de nuestra sociedad. Y pese a que la utilización de las nuevas Tecnologías de la Información y Comunicación ofrece grandes oportunidades y ventajas, no puede obviarse igualmente que éstas nos pueden situar en la sociedad del riesgo, por cuanto que pueden entrañar múltiples peligros, entre los que cobra una especial relevancia la posibilidad de conculcación de los derechos fundamentales a la intimidad, al honor, a la propia imagen y a la protección de datos personales, bien individualmente considerados o, bien de forma conjunta, acrecentándose los citados riesgos entre jóvenes y adolescentes, en cuanto usuarios indiscriminados. Pero, a éstos se añaden además otros riesgos por conductas delictivas, como el denominado Ciberacoso.This research recollects in a synthetic way, one of the most relevant problems the society is facing today, as a consequence of the Internet phenomenon. The routes of social Networks in the daily relations and interactions are consolidating in such a way that is not only affecting the young teenagers and the new generation, but also the whole of our society. In spite of the fact that, the utilization of new Technology of Information and Communication offer great opportunities and have many advantages, however, one should not ignore that this situation is putting the society at risk. This phenomenon contains many dangers, as well as the possibility of violating the fundamental laws to intimacy, to the honor, to one’s own image and to the personal data protection, being individually considered or as a whole form in conjunction of the mentioned risks between the youth and adults users. Moreover, there will be an increase of this risk, because of criminal behaviors as Ciber bullying.


2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Valentyna Babiichuk ◽  

The research has been done on the international legal protection of rights and freedoms of Internet users in the context of the rapid grow and development of information and telecommunication technologies, global spread of Internet coverage and extraordinary availability of IT resources. The article demonstrates and analyses precedents of human rights abuses and violations in cyberspace, covers international and national legal instruments countering them, highlights potential methods of human rights and security, examines Internet safety concerning privacy and phenomenon of the overall transformation of private international law in accordance with challenges of the day. Numerous possible measures to protect personal data in cyberspace are listed as well as shortcomings of modern legal regulation in the area of human rights, violations on the Internet, which allow certain private actors to dodge the law. The author reviewed and summarized the main international and national legal acts in the field of human cybersecurity and the general content of it, documents of international organizations, regulating some aspects of cybersecurity were examined as well as some aspects of privacy in social settings and Internet platforms. The article also emphasizes that the comprehensive study of Internet challenges will always be a topical issue, for reasons that innovation and progress are on the rise, and the world faces more and more new and emerging challenges every day. Scientists and lawyers do not have the time and physical ability to analyze and research a great deal of information. They are failing to propose solutions to existing problems and to adapt legal systems to daily changes. The article also has taken note that the accessibility of the Internet could possibly jeopardize democracy. The main idea of research and the key thesis of the article is international and public methods to protect human rights on the cyberspace and also themself protection of users. The author has demonstrated how essential in our on-line work and Internet using safety is. In addition, the author showed how easy our private information could be about to the risk of identity theft and described well-known precedent of such cases.


Author(s):  
Do Lin'

The author explores the key legislative innovations in the sphere of legal regulation of relations involving use of Internet. The subject of this research is the legal relations with the use of modern communication relations, as well as their legal regulation. Special attention is given to the protection of copyright and personal information of Internet users. The article examines the recent legislative acts aimed at protection of personal data and copyright involving use of the modern communication technologies. The author examines statistical data pertaining to the use of personal information and content falling within the copyright in the Internet. A conclusion is made that in the Russian legal field personal data are fully controlled by the government, but the “large user data” do not appear therein, and in essence, displayed in a “grey zone”. Latest changes in legislation indicate desire of the government for “digital registration” of the largest possible number of citizens, as well as de-anonymization of the Internet users. The novelty of this research consists in analysis of the most recent normative acts in the area of legal regulation of copyright, preservation and usage of personal data involving the modern information and communication technologies. The author criticizes the existing legislation in the area of legal regulation of information exchange in the Internet with regards to violation of citizens’ right to privacy.


Communicology ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 15-30
Author(s):  
V. V. Zotov ◽  
A. V. Gubanov

The relevance of the study is determined by the need to ensure the comprehensive protection of citizens’ personal data, since their disclosure can lead to significant reputational or financial damage. In this context, the analysis of the boundaries of public and private in public consciousness takes on a special meaning. In a mass and expert survey conducted on this issue, it was found that almost 2/3 of citizens were faced with the misuse of confidential information on the Internet. But most experts and participants in the mass survey are aware that Internet sites, social networks and search engines can collect data for web analytics. At the same time, most participants in the study consider it possible to transmit personal data to the authorities in a generalized form for making managerial decisions about the place of residence, age, marital situation, education and gender; the most closed for analysis were information on purchases and spending, geolocation and health. The privacy regime in social networks depends on the level of publicity of a person: for state employees, members of parties and public associations, representatives of science and education, it is higher than for ordinary citizens (for them it depends on knowledge of such a possibility of setting social networks). Most experts and ordinary citizens supported the possibility of introducing a ban on the disclosure on the Internet and social networks of information about service for military and police personnel, while similar measures are considered unacceptable for government officials, municipal employees, representatives of the public sector and deputies; only regarding judges, the opinion of the population and experts did not coincide: the former consider not acceptable, and the latter – possible. It can be assumed that the digitalization of society does not aggravate the problem of demarcation of private and public. However, a key tool for distinguishing between personal and public in the media space is the creation of a special regulatory framework.


2021 ◽  
Vol 7 (2) ◽  
pp. 167-185
Author(s):  
Mariano Bartolomé

After a development of more than fifty years, today the Internet has established itself as the key element of cyberspace. Network users exceed half of the world's population, while its impact reaches all sides of contemporary societies. Today, free access to the Internet is inserted in the field of human rights; however, at the same time, concerns about the credibility of information stored on the network are increasing. This article will focus, from the point of view of cybersecurity, on three main topics related to the respect of individual rights and guarantees: Internet accessibility and digital surveillance; social networks and the privacy of personal data; and the use of those social networks in the execution of disinformation operations that include fake news and post-truth narratives.


2021 ◽  
Author(s):  
E.B. Vered ◽  
I.A. Sementsova

The legislation on personal data has undergone significant changes in connection with the manifested trend of a large amount of their unauthorized placement on the Internet. In this regard, we believe, depending on the severity of the consequences of their “leakage”, to criminalize significant harm to the rights and legitimate interests of a person. Since the use of personal data from social networks by commercial organizations, including about their employee, has now become more frequent without their consent, a corresponding ban should be established in federal legislation. In addition, using modern artificial intelligence systems, attackers have almost unlimited capabilities to obtain all information about the employee. For this reason, the authors of the article propose to fix the corresponding feature as qualifying in Art. 137 of the Criminal Code.


2020 ◽  
Vol 17 (4) ◽  
pp. 97-106
Author(s):  
Oksana A. Shut

Introduction. The relevance of the article is due to the development of legal norms regulating relations in social networks, which has been delayed for years. The outdated regulatory framework does not cope with the regulation of relations in networks. Therefore, it is necessary to implement modern relations of an illegal nature that develop between users in social networks in the norms of the current Criminal Code, as well as to develop a classification of methods of fraud in social networks, and identify their features. Purpose. The purpose is to consider the features of legal regulation of fraud in criminal legislation, to identify methods of fraud in social networks on the basis of modern scientific works and to classify them. Methodology. The description method recorded the signs and features of the crimes under consideration, in order to further formulate proposals for improving the legal norms governing the acts under study by methods of analysis and synthesis. Results. The object of crimes committed in social networks is determined by their content. Instead of the concept of “computer” or “electronic” information, the author suggessed using the concept of “content content for computer and telecommunications virtual communication”. Fraud in social networks is carried out in two ways: deception or abuse of trust, aimed directly at seizing other people's funds, and secondly, deception or abuse of trust, aimed at seizing personal data, which is also used for further seizing money. The author performed a five-step classification of ways to commit fraud in social networks. Conclusion. The main ways of committing fraud in social networks are highlighted: fraud under a false name; using up-to-date news information; romantic scams; fraud in the service sector; creating fake questionnaires.


2020 ◽  
pp. 41-46
Author(s):  
T.V. Malanchuk

The article examines the limits of state participation and the impact of legal regulation on the development of the Internet in general and social networks in particular. An attempt is made to determine the nature and extent of regulation of the dissemination of information through social networks, as well as the feasibility of control over cyberspace by the state. An analysis of existing legal norms on the regulation of advertising on the Internet, taking into account the peculiarities of advertising on social networks. It is established that today Internet advertising, including advertising on social networks, has become the most popular and effective way to convey information about goods or services to their potential consumers. Recent developments related to the introduction of quarantine measures due to the COVID-19 pandemic have led to an even greater intensification of e-commerce and the transition of traditional online business. As a result, the volume of advertising campaigns on social networks has grown significantly, and advertising itself has become more aggressive. It is noted that among the main general theoretical issues in the study of legal regulation of the global information system it is necessary to highlight the problems of jurisdiction of networks, as well as the legal personality of persons who provide, distribute and consume information in such networks. At the same time, no country in the world has comprehensive (codified) legislation that would regulate relations on the Internet. Existing regulations regulate only private aspects of network operation. Currently, each social network is governed solely by its own established rules. It is concluded that the legal norms governing traditional advertising are ineffective in advertising on networks. We believe that the interests of the state in the research area should be limited, first of all, to creating conditions for the harmonious development of information infrastructure, realization of constitutional rights and freedoms of man and citizen in obtaining and using information, unconditional law and order, development of equal and mutually beneficial international cooperation.


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