scholarly journals TRADE IN DATA: DIFFERENT APPROACHES, ONE REALITY

2020 ◽  
Vol 24 (4) ◽  
pp. 1005-1023
Author(s):  
Olga S. Magomedova ◽  
Alexandra A. Koval ◽  
Antonina D. Levashenko

The development of the digital economy and new technologies raises the question whether it is possible to consider personal data as a new economic asset. Provides an overview of the positions on this issue in foreign and domestic scholarships. Opinions range from recognition of trade in public values unacceptable to statements concerning a shadow data market. Based on a hypothetical assumption of data tradability, the authors examine approaches to the definition of personal data as an object of civil rights. The research paper demonstrates that possible obstacles to the introduction of economic data circulation can emerge from legislative formulations as well as from general legal approach to the regime of personal data defense. The research paper examines experience of different countries in providing legal conditions for the legitimate commercial processing the collected data. The article illustrates reasons why trade in personal data is not a threat to human information rights and explains how the problem of privacy defense can be resolved. The nascent experience of foreign countries suggests that profiting from data commerce requires to remove regulatory barriers, and at the same time to publicly accompany market processes, since the State remains the main guarantor of the rights of its citizens. Taking into account the current development of the Russian digital economy and the approach to understanding personal data as a social value, the authors present their own recommendations for the Russian legislator on realization of the data commercialization project. The article is prepared within the research work on the public order of the RANEPA.

Author(s):  
Ewa Suknarowska-Drzewiecka

The digital revolution, also called the fourth industrial revolution, constitutes another era of change, caused by the development of computerisation and modern technologies. It is characterised by rapid technological progress, widespread digitisation and an impact on all areas of life, including the provision of work. The changes affecting this area are so significant that there are proposals to remodel the definition of the employment relationship in the Labour Code. New forms of employment, which do not fit the conventional definition of an employment relationship, are emerging and gaining importance. An example could be employment via digital platforms. At the same time, there are also employment forms that do fit that definition, but deviate from the conventional understanding of the terms and conditions for performing work, which have undergone modification due to the use of new technologies. Teleworking, or working outside the employer’s premises, are examples of that. Employers get further opportunities to organise and control work, which often raises concerns due to the employee’s right to privacy, the protection of personal rights and personal data.


Author(s):  
Dr. Pradipta Mukhopadhyay

Digital Economy refers to an economy which is based on digital computing technologies and can also be referred to as internet economy or web economy as the business activities are conducted through markets based on the internet or the World Wide Web. A Digital Economy also refers to the usage of various digitised information and knowledge to perform various economic activities and uses various new technologies like Internet, Cloud Computing, Big Data Analytics to collect, store and analyse information digitally. This way the modern digital economies are helping the local and regional business organisations to come out of their local boundaries and step into the global scenario to take advantages of the modern liberalisation policies of the governments along with reduced trade barriers throughout the world. This paper will study the importance of digital economy in the modern world along with the difference between the traditional economy and the digital economy and the current state of digital economy in India. This Study has been casual, exploratory and empirical in nature and the data needed for research work has been collected by using both direct and indirect method of data collection.


Author(s):  
José Rodrigues Filho

Despite the popularity of, and blossoming research on the use of, information and communication technologies (ICTs) in the information society, especially in terms of e-government and e-democracy, little research has been conducted to answer questions related to the effects of ICTs on citizenship, which is said to be at risk. It is claimed that the political science research in modern democracy has narrowed citizenship down to voting, turning democracy into something to be experienced at election time only and not between elections. We need a very clear understanding of the opportunities brought by new technologies and the dangers and risks regarding the realization of citizenship and civil rights. If it is true that ICT has done little to change our democracy, and if it in itself does not guarantee the realization of the rights of the citizens, research work must be developed in order to better analyze the relationship between ICT and citizenship. Because this kind of research is almost non-existent, even in the developed world, this paper attempts to see whether e-government projects in Brazil are designed in ways which reflect our best understanding of freedom, social justice, addressing the sources of inequalities, alienation, and injustice.


2021 ◽  
Vol 19 (2) ◽  
pp. 138-150
Author(s):  
S. Shokhin ◽  
E. Kudryashova ◽  
A. Shashkova

The rapidly developing digital economy seriously affects the tax systems of different countries. At the end of XX century there was an optimistic approach to the taxation of digital economy. It was considered that there is no need for the new taxes, new tax regimes and the traditional concepts of international taxation were expected to sustain the new challenges. It was also considered that even with implementation of new technologies tax rules should keep on being clear and simple with high level of certainty, so that taxpayers could anticipate the tax consequences in advance. The digital economy was supported and exempt from taxation. Nowadays the possibility of imposing the new special taxes on digital economy is considered and some countries already introduced those taxes. The pessimism in respect of digital economy is now prevailing in the tax systems. However, the tightening trend in the tax regimes may entail the discrimination of the new technologies against those, which were developed before and already entered into the markets. The controversies between the technological center and periphery play certain role here. For the countries of technology periphery to join the tightening trend means to curb development of their domestic high-tech industry as discrimination in taxation of foreign countries is still considered inacceptable. It is obvious that the regulatory pendulum: from the most optimistic to the extreme pessimistic approach, until the desperate protectionist measures, should be balanced with the time. The panic in the publications about the prospective of the digital economy taxation shall subside and turn to the constructive suggestions without unnecessary fiscal focus.


2021 ◽  
Vol 7 (1) ◽  
pp. 92-106
Author(s):  
Dorin Cimil ◽  
◽  
Olesea Plotnic ◽  

The issue under investigation concerns whether personal data or personal information from the point of view of intellectual property constitutes as such a commodity or economic potential, which may be subject to alienation and registration as an object protected by the intellectual property system or represent a non-commercial object, without circulation in civil relations, with a special legal regime, connected to the fundamental human rights and freedoms. Recognition of personal data and other categories of information, related to the person (geolocation data, user-generated content) in terms of intellectual property rights as objects of civil rights, would allow the development of the data market, necessary for the functioning of innovative technologies on big data, cognitive calculations, the Internet of goods, and bringing these technologies into a legal and civilized field. The objective of the article is to appreciate whether personal data is subject to any intellectual property rights by the assessment of EU jurisprudence in line with national legal framework of the Republic of Moldova.


2021 ◽  
Vol 11 (4) ◽  
pp. 3985-3993
Author(s):  
Dugalova Gulnar ◽  
Tuzubekova Madina ◽  
Belgibaeva Kuralay ◽  
Sarybayeva Inara ◽  
Yesturliyeva Aigul ◽  
...  

In this article, the authors conducted a study and analysis of the impact of innovations on the economies of countries, the current state and development of innovative activities, the introduction of new technologies, characterized by an increase in the role of their results in the life of mankind. The mechanisms of support from the state and business of research work, the creation of special educational programs for young scientists and innovators, and spaces where they could develop innovative technologies are considered. At a certain stage of innovation, the role of innovation, the introduction and widespread distribution of new products, is a key driver of growth.


2019 ◽  
Vol 64 (9) ◽  
pp. 578-584 ◽  
Author(s):  
T. G. Suranova ◽  
G. N. Suvorov

The relevance of the chosen topic is due to the need to resolve legal problems in the field of observance of human and civil rights and freedoms when storing, accessing and protecting full genome sequencing data. The purpose of this study is the formation of conceptual criteria on the basis of which a new model of regulatory regulation of this sphere of public relations will be built. To achieve this goal, the tasks of studying the regulatory legal acts in force in Russia and a number of foreign countries were solved. General scientific, private-scientific and special methods of scientific knowledge (system-structural, formal-legal) were used. In order to formulate conceptual criteria of practical importance for storing access and protecting genome-wide sequencing data in Russia and foreign countries, it was proposed to develop clarifying characteristics or gradation of human and civil rights and freedoms in the context of realization of public state interests. It is also necessary to unify the content of the conceptual apparatus of normative acts taking into account the peculiarities of genetic information, work out the procedure for accessing data, and provide for a system of its depersonification. For the first time, the authors substantiate the need to transform the content of the human rights declared by the state to life, freedom, personal and family secrets, and others with the development of new technologies in the field of DNA scanning. The basic criteria that are of practical importance for the storage, access and protection of genome-wide sequencing data indicate the need to improve normative concepts, establish categories of persons with the right to access such data, normatively fix the conditions for observing an anonymous survey, and also refuse to get acquainted with the results , to develop mechanisms for the depersonification of the obtained genetic information).


Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 33-43 ◽  
Author(s):  
V. I. Soldatova

In recent years, the application of legislation in the field of personal data has become the focus of attention of legal scholars. With the development of digital technologies, the problem of protection of personal data becomes especially urgent. The importance of personal data is so great that some scholars treat them as intangible goods. In order to protect the interests of citizens, our State takes measures to localize citizens’ personal data by statutory regulation of the Russian segment of the Internet. Such remedies as the right to be forgotten and personal data anonymization are also applied.However, the practice, including judicial practice, shows that the available means of protection of personal data are insufficient in the context of new technologies. However, the practice of application of laws on personal data reveals a number of problems that need to be addressed. The attribution of specific information about natural persons to personal data leads to a number of questions with regard to the practice of the activities of state bodies. Under currently effective Article 3 of the Federal Law, the term personal data refers to any information relating directly or indirectly to a certain or definable natural person (subject of personal data). At the same time, the law does not specify which data about an individual refers to personal data. Due to this broad understanding of personal data, questions arise concerning the attribution of paticular information about an individual to personal data. In this regard, the definition of criteria for the attribution of specific information about a person to personal data becomes an important theoretical task.The issues of primary concern include: 1) strengthening of responsibility for violation of personal data legislation; 2) giving priority to the issue of neutrality of the Internet, 3) solving the problem of the balance between direct access to publicly available data and the need to protect personal data. In the author’s opinion, it is necessary to ensure by means of comprehensive measures the priority of protection of personal data of citizens. This problem is of particular importance in connection with the elaboration of new laws on the digital profile of citizens.


2014 ◽  
Vol 5 (2) ◽  
pp. 61-81
Author(s):  
Francesca Odella

The collection of network data referring to social interactions is among the topic more significant and interesting in the research process. Most of the advancements in this area benefit from the introduction of new technologies and the improvement of techniques for the collection and retrieval of data. The collection of information concerning multiple dimensions of personal interactions and the treatment of personal data, however, may pose privacy and ethical problems. In particular, the operative definition of privacy has been attempted in social and psychological research in the form of multi-dimensional indicators and variables referring to the individual perception of sensitivity and confidentiality of information. Recently, however, some attempts have been done to define privacy from a relational point of view using concepts and structural properties from social network analysis. The paper addresses this debate and by means of empirical network data on communication networks discuss the issue of privacy in network data collection and analysis.


Author(s):  
Tatyana M. Medvedeva ◽  
◽  
Ludmila A. Novoselova ◽  
Mikhail A. Novoselov ◽  
◽  
...  

The prospects of introducing digital means of payment based on the latest advances of in-formation technology have been a subject of active discussion lately. The emergence of cryp-tocurrencies that are not issued by or on behalf of the state, as well as non-state-owned digital payment services, has posed a serious challenge to the existing monetary system. The first reaction of regulators (mainly, central banks) was to take prohibitive measures. However, it is now understood that the benefits of digital money can also be put to a good use by the state. A number of projects aimed at creating a central bank digital currency (CBDC) have emerged in various jurisdictions. These projects should, according to their creators, combine the advantages of cutting-edge financial technology with the achievement of the monetary policy objectives. The first project of this kind was Ecuador's Dinero Electronico, launched in 2014. Similar developments are underway in a number of other countries and regions (Sweden, South Korea, Canada, China, Norway, the UK, the Eurozone etc.). Despite the ever-increasing interest in CBDCs, the technology is still in a nascent state. The Bank of Russia has also drafted a Digital Ruble Concept, which was published in April 2021. According to the Con-cept, the digital ruble will be the third form of money, along with non-cash accounts and regu-lar cash. The Concept utilizes the so-called two-tier retail (or “hybrid”) CBDC model, based on the principle that the CBDC is issued by the Bank of Russia, which opens accounts for the Federal Treasury and financial institutions; these institutions are, in turn, responsible for client inter-action and account opening. However, clients’ accounts are not reflected on the balance sheets of the financial institutions and are Central Bank’s liability. Foreign researchers point to a significant number of new risks as well as legal issues that need to be addressed when developing a CBDC system: AML/CFT enforcement, dealing with fraudulent and erroneous transactions, taxation and liens, as well as personal data protection and privacy concerns. Another challenge for all jurisdictions is CBDC's status as legal tender, since its universal acceptance might not be possible. Ensuring privacy is also of utmost importance, especially when smart contracts are involved. As far as the Russian legal system is concerned, the introduction of the digital ruble will naturally entail a large-scale revision of non-cash payments regulation, concrete definition of the rules concerning the distribution of risks in fraudulent and erroneous transactions, developing new rules for enforcement and bankruptcy proceedings, etc. At the same time, it is unlikely that the provisions of the Civil Code of the Russian Federation concerning the objects of civil rights will require significant change, as digital rubles can be classified as non-cash funds (as far as this concept is interpreted broadly).


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