THE SCOPE OF PERSONAL DATA AS AN INTEGRAL PART OF THE INFORMATION SPHERE OF THE SOCIETY
Journal Title: «Приватне та публічне право» - Year 2017, Vol 1, Issue
Abstract
The increasing role of public relations connected with personal data is grounded. A list of international legal instruments that define the standards in the sphere of personal data protection, as well as measures for the adaptation of certain standards in the legislation of Ukraine are established. Attention is paid to the need of quality of legal regulation of public authorities’ activities (executive bodies in particular) as far as the use of personal data (including their protection). Basing on studies of the entire legal framework of personal data, it was considered appropriate to focus on the study of the social relations in the sphere of personal data that are governed exclusively by the provisions of the Law of Ukraine “On Protection of Personal Data”. The concept and structure of the scope of personal data as an integral part of the information sphere of society are established. Basing on studies of the nature and characteristics of public relations in the information sphere of the society, the author established the legal nature and the legal framework in the field of personal data. An approach for the development of information legal relations system model in the field of personal data is offered and specific examples are examined. Basing on the results of studies of social relations and relations in the field of information and understanding the scope of personal data as an integral part of the information sphere, as well as the main provisions of the theory of complex legal relationships the author established some features of social relations and legal relations in the field of personal data. The classification of legal relations in the sphere of personal data is suggested according to the following criteria: 1) according to the legal nature - the “pure” information and complex legal relationships (based both on the rules of information law and the rules of other branches of law); 2) according to the structure - legal relations associated with the use of personal data (processing, security, transfer of rights to the processing of personal data) and legal relations of access to personal data of third parties. The features of social relations (legal relations) in the field of personal data are determined as follows: 1) trends in the development of public relations in the field of personal data are largely determined by the existing laws governing the formation of public relations in the information sphere; 2) the nature of social relations in the sphere of personal data is purely informational and information-providing, namely: managerial, material, labour, and the like; 3) the structure of social relations in the field of personal data is simple and complex (more than one public relations); 4) legal relations in the field of personal data are either “purely” informational in nature (based on the rules of Information Law) or complex in nature ( based both the rules of Information Law and rules of other areas of law). The author realized that the essence of complex legal relations contributes to the answers to questions that are central in the theory of complex legal relations: 1) how to distinguish the complex legal relationship from other relationships? Thus, there is a need to define the criteria for distinguishing complex legal relations; 2) where does the legal connection between the subjects end when we consider the legal relation as a complex one?
Authors and Affiliations
М. Ю. Кузнецова
Keywords
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