Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

LEGAL ASPECTS OF THE RIGHT OF A CITIZEN OF THE RUSSIAN FEDERATION ON THE STORAGE AND DISTRIBUTION OF PERSONAL DATA IN TERMS OF SOCIAL DEVELOPMENT AND WORLD GLOBALIZATION

2015 ◽  
Vol 10 (6) ◽  
pp. 217-220
Author(s):  
Синкевич ◽  
Ekaterina Sinkevich
Keyword(s):  
Social Development ◽  
Russian Federation ◽  
Information Technologies ◽  
Human Life ◽  
Personal Data ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The Russian Federation ◽  
The Right

The modern society, having entered a way of postindustrial (information) progress, has unlimited access to various information technologies. The modern person can’t imagine his life without Internet network, mobile communication and instant messages, e-mail, electronic payments and credit cards. However, «simplification» of modern human life entails set of infringements in the sphere of constitutional and civil human rights. The basic feature of legal regulation of the right of a citizen of the Russian Federation on the storage and distribution of personal data in terms of social development and world globalization is conformity of laws to basic issues of the Constitution of the Russian Federation and practical applicability.

scholarly journals Issues of agriculture digitalization in the Russian Federation (legal aspect)

2022 ◽  
Vol 42 ◽  
pp. 06002
Author(s):  
Alexander Savoskin ◽  
V.V. Kalitskaya ◽  
O.A. Rykalina ◽  
O.V. Mustafina ◽  
I.M. Perminova
Keyword(s):  
Russian Federation ◽  
Information Technologies ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Digital Transformation ◽  
Farm Animals ◽  
Industrial Complex ◽  
Economic Sectors ◽  
Regulatory Standards ◽  
The Russian Federation

The President of the Russian Federation has set the task of achieving “digital maturity” of the key economic sectors, including agriculture, by 2030. At the same time, the digitalization of the agro-industrial complex is clearly lagging behind the pace of digital transformation in other sectors of the national economy. There are several reasons for this: the regulatory standards of the agricultural crops cultivation and the farm animals breeding are not perfect; the legal regulation of digitalization in the field of both production and agriculture is fragmented; the use of digital tools and information technologies in agricultural activities appears to be quite complicated. The article not only analyzes modern acts affecting the digital transformation of agriculture in the Russian Federation (including acts of the Ministry of Agriculture of the Russian Federation) and the problems of their application, but also suggests measures aimed to stimulate agricultural producers and food-processing companies, introducing innovative digital technologies, as well as provides recommendations for the use of special legal regimes that entered into force in 2021.

scholarly journals Practical issues of implementation of the institution of regulatory sandboxes into the Russian legislation in the context of enactment of the Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”

2020 ◽  
pp. 18-25
Author(s):  
Vladislav Olegovich Makarov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Personal Data ◽  
Legal Regulation ◽  
Federal Law ◽  
Personal Data Protection ◽  
The Social ◽  
Legal Regimes ◽  
The Russian Federation

This article reviews the topical practical issues of implementation of the institution of experimental legal regimes into the Russian legal system due to adoption of the new Federal Law of 07.31.2020 No.258-FZ “On Experimental Legal Regimes in the Sphere of Digital Innovations in the Russian Federation”. The author analyzes the social context that changed in the course of discussion and revision of the draft law, as well as examines the problems of harmonization of the current legislation with the new legislation. The question is raised on the adequacy of exceptions with regards to processing of personal data for the participants of experimental legal regimes; the presence of parallel regulation of the sphere of digital innovations is indicated. Analysis is conducted on the legislative novels in the area of establishment and regulation of experimental legal regimes in the Russian Federation. The conclusion is made on the timeliness of adoption of the Federal Law “On Experimental Legal Regimes in the Sphere of Digital Innovations” and feasibility of usage of its legal mechanisms in the changing conditions caused by the spread of coronavirus infection COVID-19. The need is underlined for determination of the hierarchy of sources and model of legal regulation for the experimental legal regimes to exclude parallel regulation of the uniform social relations by various federal laws, as well for further elaboration of special legislative norms on personal data protection applicable to experimental legal regimes that involve big data analysis.

scholarly journals Assessment of the Impact of General Data Protection Regulation on Enterprise Security in the Russian Federation

2020 ◽  
pp. 66-75
Author(s):  
Ilya Livshitz ◽  
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Personal Data ◽  
Protection System ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data ◽  
The Russian Federation ◽  
The Cost ◽  
The Impact

Abstract The purpose of the study is to analyze the existing requirements for personal data security and assess the impact of these requirements on the enterprises security in the Russian Federation. Research method: the problem of ensuring the security of personal data in accordance with the requirements of the Federal law of the Russian Federation FZ-152 and the international General Data Protection Regulation is investigated. The article analyzes the possible risks of interrupting the normal activities of enterprises in the Russian Federation due to violations of these requirements for personal data protection and the imposition of significant fines by international regulators. Numerical relationships are estimated between the amount of fines for violations of established requirements, including General Data Protection Regulation, and the cost of creating an effectiveness personal data protection system. Estimates of the permissible degree of influence of the General Data Protection Regulation requirements on the enterprises security in the Russian Federation are obtained. Research result: a study and comparison of possible penalties for violation of compliance with the requirements of the Federal law of the Russian Federation FZ-152 and the international General Data Protection Regulation was performed. Risk assessments of sanctions for violation of the established requirements for personal data protection were obtained. The analysis of the cost of preparing a personal data protection system for compliance with the requirements of the General Data Protection Regulation was performed. Based on the data obtained, examples of calculating the degree of maturity of the security system are presented – based on the ratio of the share of the budget allocated for security in relation to the cost of creating an effectiveness personal data protection system and based on the ratio of the amount of the fine for violation of the established requirements. The importance of accounting for the costs of personal data security to ensure the security of enterprises in the Russian Federation, taking into account the requirements of the General Data Protection Regulation, is shown

scholarly journals Tax information acquired from foreign jurisdictions in the practice of arbitration courts of the Russian Federation

2020 ◽  
pp. 17-29
Author(s):  
Evgenii Vladimirovich Pustovalov
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Transfer ◽  
National Level ◽  
Personal Data ◽  
Personal Data Protection ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Assistance

The subject of this research is the established in arbitration courts of the Russian Federation practice of implementation of provision of Multilateral Convention on Mutual Administrative Assistance in Tax Matters and provisions of the agreements on the avoidance of dual taxation, related to cooperation of fiscal authorities in the form of exchanging tax information. In particular, the author examines the questions of the period of validity of the provisions of international acts; forms information transfer; compliance with the requirements on legalization and apostiling of transferred documents; rights of taxpayers to appeal against the request on them to foreign jurisdiction; correlation between the provisions of international acts on the exchange of tax information and provisions of legislation on personal data protection. A conclusion is formulated that since the exchange of tax information is primarily regulated by the international acts, there is no need in adoption of normative act on the national level that would contain additional regulation, except a separate act for regulating the system of supplementary guarantees of private entities, involved into the exchange of tax information. Summarization of the formulated by courts legal positions on the level of the Supreme Court of the Russian Federation is relevant.

scholarly journals USE OF INFORMATION TECHNOLOGIES IN SUPERVISION REMOTE PRACTICE: DATA SECURITY

2021 ◽  
Vol 5 ◽  
pp. 318-329
Author(s):  
Kirils Dubinins ◽  
Kristīne Mārtinsone
Keyword(s):  
Information Technology ◽  
Data Protection ◽  
Cyber Security ◽  
Technology Use ◽  
Information Technologies ◽  
Best Practice ◽  
Panel Discussion ◽  
Personal Data ◽  
Security Risk ◽  
Personal Data Protection

Provision of remote services became relevant all over the world, during the 2020 COVID-19 pandemic. Latvian supervisors were also forced to transfer their practice to the digital space as well. COVID-19 pandemic challenges opened a wider range of opportunities for improvement remote practice. Pandemic also highlighted the risks associated with lack of relevant competences. At the global level over the last decade, risks associated with remote counselling summarized in guidelines, providing professionals with examples of best practice. In Latvia, on other hand, such guidelines have not adopted yet.This study developed with the aim to find out the awareness of Latvian supervisors about the risks (cyber security) of using information technology and the protection of personal data in the conditions created by the COVID-19 pandemic.To find out how Latvian supervisors are aware about the risks of using information technology (cyber security) and personal data protection, a survey conducted among Latvian supervisors and organizing an expert panel discussion, scientific strength of the study ensured by data triangulation.The obtained results allowed to conclude that the COVID-19 pandemic highlighted the need for supervision remote practice, at the same time the research data show that the awareness of Latvian supervisors about the risks of information technology use (cyber security) and personal data protection is medium to low.The results of the research show that in the education of Latvian supervisors it is necessary to allocate place for the acquisition of information technology (cyber security) risk and personal data protection regulation.This research emphasizes the importance of several supervisors’ competences such as digital knowledge and personal data protection, however further research is needed to find the most effective methods how to improve these competences.  

scholarly journals Methods of big data definition: Russian and foreign experience

2021 ◽  
pp. 143-157
Author(s):  
Kseniia Antipova
Keyword(s):  
Big Data ◽  
Russian Federation ◽  
Personal Data ◽  
Legal Regulation ◽  
The European Union ◽  
Legal Doctrine ◽  
Original Definition ◽  
Data Definition ◽  
The Russian Federation

This article explores the main approaches of Russian and foreign authors towards big data definition; reflects the classification of data, components of big data; and provides comparative characteristics to legal regulation of big data. The subject of this research is the legislation of the Russian Federation and legislation of the European Union that regulate the activity on collection, processing and use of big data, personal data and information; judicial and arbitration practice of the Russian Federation in the sphere of personal data; normative legal acts of the Russian Federation; governmental regulation of the Russian Federation and foreign countries in the area of processing, use and transmission of data; as well as legal doctrine in the field of research dedicated to the nature of big data. The relevance of this research is substantiated by the fact that there is yet no conceptual uniformity with regards to big data in the world; the essence and methods of regulating big data are not fully explored. The goal of this research is determine the legal qualification of the data that comprise big data. The task lies in giving definition to the term “big data”; demonstrate the approaches towards determination of legal nature of big data; conduct  classification of big data; outline the criteria for distinguishing data that comprise the concept of big data; formulate the model for optimal regulation of relations in the process of activity on collection, processing, and use of the data. The original definition of big data in the narrow and broad sense is provided. As a result, the author distinguishes the types of data, reflects the legal qualification of data depending on the category of data contained therein: industrial data, user data, and personal data. Attention is also turned to the contractual form of big data circulation.

Personal Data Privacy and Protection in the Meeting, Incentive, Convention, and Exhibition (MICE) Industry

2019 ◽  
pp. 440-466
Author(s):  
M. Fevzi Esen ◽  
Eda Kocabas
Keyword(s):  
Data Protection ◽  
Data Privacy ◽  
Information Technologies ◽  
Personal Data ◽  
Global Networks ◽  
New Developments ◽  
Personal Data Protection ◽  
Business Opportunities ◽  
Mice Industry ◽  
Industry Professionals

With the new developments in information technologies, personal and business data have become easily accessible through different channels. The huge amounts of personal data across global networks and databases have provided crucial benefits in a scientific manner and many business opportunities, also in the meeting, incentive, convention, and exhibition (MICE) industry. In this chapter, the authors focus on the analysis of MICE industry with regards to the new regulation (GDPR) of personal data protection of all EU citizens and how the industry professionals can adapt their way of business in light of this new regulation. The authors conducted an online interview with five different meetings industry professionals to have more insight about the data produced with its content and new regulations applied to the industry. The importance of personal data privacy and protection is discussed, and the most suitable anonymization techniques for personal data privacy are proposed.

Personal Data Privacy and Protection in the Meeting, Incentive, Convention, and Exhibition (MICE) Industry

2021 ◽  
pp. 1548-1574
Author(s):  
M. Fevzi Esen ◽  
Eda Kocabas
Keyword(s):  
Data Protection ◽  
Data Privacy ◽  
Information Technologies ◽  
Personal Data ◽  
Global Networks ◽  
New Developments ◽  
Personal Data Protection ◽  
Business Opportunities ◽  
Mice Industry ◽  
Industry Professionals

With the new developments in information technologies, personal and business data have become easily accessible through different channels. The huge amounts of personal data across global networks and databases have provided crucial benefits in a scientific manner and many business opportunities, also in the meeting, incentive, convention, and exhibition (MICE) industry. In this chapter, the authors focus on the analysis of MICE industry with regards to the new regulation (GDPR) of personal data protection of all EU citizens and how the industry professionals can adapt their way of business in light of this new regulation. The authors conducted an online interview with five different meetings industry professionals to have more insight about the data produced with its content and new regulations applied to the industry. The importance of personal data privacy and protection is discussed, and the most suitable anonymization techniques for personal data privacy are proposed.

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