scholarly journals PROTECTION OF PERSONAL DATA UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 3 (11(75)) ◽  
pp. 39-42
Author(s):  
A. Kitana

The article analyses the concept of personal data under the current legislation of the Russian Federation, addresses issues of protection of personal data and liability for violation of Russian legislation in the field of protection of personal data.

Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich

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.


Author(s):  
Anna Aleksandrovna Bakulina

This article explores the vulnerabilities of Russia in the digital environment, as well as such phenomena of modern digital economy as cryptocurrencies, blockchain, big data, artificial intelligence, and robotics. The question is raised on the risks that humanity faces in the digital space, which entail the implementation of the latest technologies in society. The author offers the ways for their minimization. The article covers the project “Digital Economy” developed by the Government of the Russian Federation, which is intended for creation of sustainable and secure information and telecommunications infrastructure for high-speed transmission, processing and storage of data bulk, accessible to all organizations and households. Analysis is conducted on the modern enterprise in the sphere of information and communication technologies and the concept on the protection against personal data theft. The crucial role of the IT specialists in digitalization is highlighted. The conclusion is made that in digital space, the major threat to national security is the hacker attacks aimed at the theft of personal data, intellectual property, etc. The author believes that the minimization of risks detected in the course of research requires providing technology opportunity for the Russian Federation to store the collected data locally, rather than abroad. The all-round government influence on the research and legislative sphere, legislative orientation towards stimulating the development of innovation technologies would ensure safe and effective integration of socioeconomic sphere into the digital space.


Author(s):  
Sergey E. Channov ◽  

Introduction. The article is devoted to the use of digital technologies in the field of public administration using the example of state and municipal information systems. Currently, two types of such systems can be distinguished in the Russian Federation: 1) allowing direct enforcement activities; 2) used to capture certain information. Theoretical analysis. Information systems of the first type acquire the properties of an object of complex legal relations, in which suppliers and consumers of information, government bodies, as well as other persons become participants. This entails the fact that in the implementation of public administration, the source of regulation of public relations to a certain extent becomes the program code of these information systems. Accordingly, any failures and errors in the public information system become facts of legal importance. Empirical analysis. The main risks of using information systems of the second type in public administration relate to the illegal access (or use) of information stored in their databases. The consolidation of databases containing different types of information is a serious threat. In this regard, the creation of the Unified Federal Information Register containing information about the population of the Russian Federation, provided for by the Federal Law No. 168-FZ of 08.06.2020, may lead to a large number of socially negative consequences and comes into obvious conflict with the legislation on personal data. Results. State and municipal information systems themselves can improve public administration, including reducing corruption in the country. At the same time, their reduced discretion in management decisions is not always appropriate. Accordingly, their implementation should be preceded by the analysis of the characteristics of a specific area of management, as well as the proposed use of digital technologies.


Author(s):  
Kseniia Antipova

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.


Author(s):  
Anna V. Andreyanova

The right to privacy is a constitutionally safeguarded human right. The employee right to privacy exists due to consolidation of the mentioned liberty in the Constitution of the Russian Federation. The Labour Code of the Russian Federation does not secure employee right to privacy directly, it regulates the issue of the employee personal data. But the employee right to privacy is characterized by particular qualities that are extrinsic to general human privacy. The aim of the present research is to analyze different spheres in which the employee right to privacy realizes. In response to this aim, firstly, the concepts of the privacy will be evaluated, the national and international labor law will be examined, and the judicial practice will be reviewed. Eventually, some unresolved points of the process of employee right to privacy enjoyment will be identified.


2015 ◽  
Vol 10 (6) ◽  
pp. 217-220
Author(s):  
Синкевич ◽  
Ekaterina Sinkevich

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.


2006 ◽  
Vol 6 (2) ◽  
pp. 120-126 ◽  
Author(s):  
Victor Monakhov ◽  
Anita Soboleva

Victor Monakhov and Anita Soboleva analyse the current development of legal standards in the area of access to information and protection of personal data in the Russian Federation. At the end of 2005 Russia ratified the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data. At the same time several new laws, intended to harmonize national privacy legislation with this Convention and to define the legal status of different databases, which are being created by the state for the purposes of registration of population and identification of persons, passed the first reading in the State Duma. The article reflects the ongoing debates on the scope of the right to know and the right to keep secret in the Russian context.


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