scholarly journals LEGAL REGULATION OF EMPLOYEE’S PERSONAL DATA PROTECTION

2020 ◽  
Vol 6 (82) ◽  
Author(s):  
Tetiana Koliada ◽  
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Regulation ◽  
Personal Data Protection

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.

scholarly journals On the Legal Consequences of Brexit (on the example of personal data protection)

2021 ◽  
Vol 105 (5) ◽  
pp. 45-55
Author(s):  
Mark Entin ◽  
◽  
Dmitriy Galushko ◽  
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The European Union ◽  
Cooperation Agreement ◽  
National Regulation ◽  
Personal Data Protection ◽  
Legal Consequences

The article explores the legal consequences of the UK's withdrawal from the European Union. The scope of personal data protection was taken as an example. The purpose of the article is to study and analyze the legal aspects of the termination of the UK's membership in the European Union, its impact on the cross-border transfer of personal data between the parties, as well as the development of legal regulation in this area. The article shows that, despite the signing of the Withdrawal Agreement, as well as the Trade and Cooperation Agreement, there is a complication of legal regulation, as well as the emergence of potential contradictions and threats to the interests of interested parties. The sphere of personal data protection clearly demonstrates that despite the desire for the sovereignization of legal regulation on the part of the UK, its legal system remains dependent on the legal order of the European Union. The UK's national regulation on personal data will be under constant monitoring by the competent EU authorities, which indirectly confirms the failure to achieve the goals of the full return of the UK's delegated sovereign powers. It is concluded that the EU Court of Justice still retains its jurisdiction over the United Kingdom, in particular, in connection with possibility to challenge decisions on adequacy, as well as through the adoption of its own practice on issues related to personal data protection.

PERSONAL DATA PROTECTION AND RESEARCH ACTIVITIES: EU LEGAL REGULATION EXPERIENCE

2019 ◽  
pp. 186-194
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Personal Data Protection ◽  
Research Activities ◽  
Special Rules ◽  
Biometric Information

Legal regulation of the use of personal data is essential in ensuring the quality of scientific research. Regulation of the European Parliament and of the Council of the European Union No. 2016/679 of April 27, 2016 «On the protection of natural persons with regard to the processing of personal data and on the free movement of such data», repealing Directive 95/46/EC, aims to unify the standards governing the protection of human rights to privacy, certain conditions beyond. This novel, introduced by the Regulation in the EU legal framework, complements and updates the acquis communautaire achieved within the framework of Directive 95/46/EC on personal data protection. The Regulation establishes both general rules applicable to any type of personal data processing and special rules applicable to the analysis of certain categories of personal data, such as information obtained during clinical trials. This paper provides an overview of new standards (in force since May 2018) that regulate aspects of personal data processing in the context of research activities (personal health data, genetic, biometric information, etc.)

Collision between Legal Regulations on the Protection of Personal Data and Legal Regulations on Archival Work

2019 ◽  
Vol 2 (1) ◽  
pp. 116-120
Author(s):  
Elvira Dervišbegović ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Data Protection ◽  
Personal Data ◽  
Legal Regulation ◽  
Legal Regulations ◽  
Protection Agency ◽  
Personal Data Protection ◽  
Archival Work

The paper deals with the topic of collision between legal regulations on the protection of personal data and the legal regulations on archival work. The legal regulation applied by the Personal Data Protection Agency in Bosnia and Herzegovina often conflicts with the legislation that regulates archival work and lays down retention periods in the Records Schedule for given documentation. Due to this lack of uniformity of regulations, Archives has often been faced with requests for destroying the kind of records which have to be permanently retained. The paper also proposes possible solutions for overcoming this problem by both protecting the rights of individuals and remaining consistent to archival legislation.

DEVELOPMENT OF LEGAL REGULATION OF ISSUES RELATED TO INFORMATION CONFIDENTIALITY AND PERSONAL DATA PROTECTION IN THE EUROPEAN UNION

2021 ◽  
Author(s):  
I.A. Aleshkova
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Legal Regulation ◽  
The European Union ◽  
Scientific Publications ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
General Data ◽  
International Convergence ◽  
The Relationship

The review summarizes scientific publications that reveal current problems in the field of legal regulation of confidentiality and data protection. It is noted that the General Data Protection Regulation (GDPR) is essential for the work of international organizations. At the same time, its action gives rise to questions about the relationship between EU law and public international law. Attention is focused on those legal values that are decisive in the formation of national and international approaches. The proposed in the scientific literature models of legal regulation of confidentiality and data protection, aimed at achieving international convergence.

scholarly journals Balancing Personal Data Protection with Other Human Rights and Public Interest: Between Theory and Practice

2020 ◽  
Vol 13 (1) ◽  
pp. 140-162
Author(s):  
Viktoras Justickis
Keyword(s):  
Data Protection ◽  
Real Life ◽  
Personal Data ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Quality Of Data ◽  
Legal Cases ◽  
Personal Data Protection

Abstract The role of balancing in the development and application of European data protection is enormous. European courts widely use it; it is the basis for harmonization of pan-European and national laws, plays a crucial role in everyday data protection. Therefore, the correctness of a huge number of critical decisions in the EU depends on the perfection of the balancing method. However, the real ability of the balancing method to cope with this mission has been subjected to intense criticism in the scientific literature. This criticism has highlighted its imperfections and casts doubt on its suitability to optimize the relation between competing rights. Paradoxically, the everyday practice of balancing tends to ignore this criticism. The limitations of the balancing method are typically not discussed and are not taken into account when considering legal cases and solving practical issues. Thus, it is tacitly assumed that the shortcomings and limitations of the balancing method, which the criticism points out, are irrelevant when making real-life decisions. This article discusses the scope of this phenomenon, its manifestations, and its impact on the quality of data protection decisions based on the balancing method:sub-optimality of these decisions, their opacity, public dissatisfaction with the legal regulation, its instability and low authority The ways of bridging the gap between the practice of balancing and science and broader consideration by the practice of the shortcomings of the balancing method identified during scientific discussions are considered.

scholarly journals Personality information culture: essence and content

2021 ◽  
pp. 159-166
Author(s):  
N. UKHANOVA
Keyword(s):  
Data Protection ◽  
Personal Information ◽  
Personal Data ◽  
Legal Regulation ◽  
The State ◽  
Learning System ◽  
Information Culture ◽  
External Interference ◽  
Personal Data Protection ◽  
Stage Of Development

The article deals with the study of the essence and features of the information culture of an individual and clarification of its role in the field of legal regulation of public relations in the state. The methodology of research of the phenomenon of personal information culture is based on provisions of the general scientific dialectical method of scientific knowledge. Besides, formal legal and formal logical methods were applied for full and thorough coverage of the topic of this article. It is substantiated that the development of such a culture in the modern period is mainly influenced by internal factors (including observance of the principle of legality, the rule of law, and protection of human rights), and external threats to human and civil security within the state. It is proved that information culture in the narrow sense can be interpreted as the best ways to exchange data, information and present them to interested ©  Уханова Н.С., 2021 consumers to solve theoretical and practical problems, as well as mechanisms to improve the learning system, prepare people for effective use of information. The main elements of information culture include the following: a) communicative (communication culture); b) lexical (culture of preparing and issuing business documentation, language culture); c) intellectual (culture of research and mental activity); d) information and legal; worldview and moral. All these elements of the personal information culture are interconnected and interdependent. It is concluded that the topic of personal data protection, which has reached a new level, has become especially relevant at the present stage of development of the information society. It is argued that a promising mechanism for personal data protection in the information sphere will be the use of Blockchain technologies, which will ensure reliable synchronization and security of data, prevent them from changing as a result of external interference. It is proposed to interpret the information culture of an individual as a reflection of a set of material and intellectual values of man, which allow to effectively apply various methods of working with information, including being a participant in information relations. A promising study in the field of information culture of an individual will be the development of the structure of this category and its relationship with other legal categories of information law. A particularly important issue that will require legal regulation will be the field and technology of using artificial intelligence as a phenomenon that will not only help to make a quantum leap in medicine, science, education, but also carries great security risks.

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