To the question of law regulation of personal data protection
Автор: Tarasova Yu.A., Galaktionova L.A.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 2 (72), 2023 года.
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The authors investigate the current state of legal regulation of personal data protection. Despite the constant tightening of requirements for the collection and storage of personal data, with the development of information technologies, this institution is being subjected to more and more threats and is increasingly becoming the object of illegal and illegal actions. The article raises the question of signs of this subject of legal regulation, their reflection in the legislation, the possibility of separating the requirements for the protection of personal data from the preservation of confidentiality of other types of restricted information. The leading methods of research are the comparative legal method and the method of studying legal technology. The first allows you to study the similarities and differences between the institute of personal data and other types of information protected by law. The second makes it possible to identify the features of the legislative definition of the concept under study and the application of the relevant norms in practice. Based on an analysis of examples of judicial practice, the issue of the limits for the protection of personal data in civil and criminal law is considered. Conclusions are drawn about the complex nature of the institute of personal data and its objectively open, constantly changing composition, as well as the need to include in criminal legislation direct responsibility for the disclosure of personal data. A proposal is being made to overview the legislative definition of the legal institution under study.
Personal data, restricted information, privacy, personal and family secrecy, informed consent
Короткий адрес: https://sciup.org/14128507
IDR: 14128507 | DOI: 10.47629/2074-9201_2023_2_113_117