Information law. Personal data (most important)

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Information law. Personal data (most important)

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55. PERSONAL DATA

In the world and in Europe relations related to the handling of personal data, have been regulated for a long time. The relevance and timeliness of the adoption of laws regulating relations in the field of personal data protection is confirmed by foreign experience.

The Council of Europe adopted on 28 January 1981 in Strasbourg the "Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data", which entered into force on 1 October 1985.

Purpose of the Convention - guarantee in the territory of each country to every individual, regardless of his nationality and place of residence, the observance of his rights and fundamental freedoms, and especially his right to privacy in the aspect of automated processing of personal data.

The Convention provides the following definitions:

▪ personal data - any information relating to an individual identified or who can be identified (“information subject”);

▪ special categories of data - personal data reflecting racial origin, political opinions, religious beliefs or other principles, as well as those related to health or sexual life;

▪ automated data processing implies operations performed using automated processes: recording data, applying logical and (or) arithmetic operations to this data, identifying, retrieving or distributing them;

▪ automated file cabinet - any set of information that is the object of automated processing; owner of the file is a natural or legal person, public authority, service or other body that is competent, in accordance with national legislation, to decide the ultimate purpose of the file, which categories of personal data should be recorded and what operations should be carried out.

Special categories of data are subject to automatic processing only if domestic law provides adequate safeguards. The same applies to personal data related to a criminal conviction.

In accordance with the provisions of this Convention, any person should be able to:

▪ find out about the existence of an automated file cabinet of personal data, its purpose, as well as the identity, location and principle of appointment of the owner of the file cabinet;

▪ receive at the appropriate time, after any period of time and without special costs, confirmation of the presence or absence of personal data relating to him in the automated file cabinet, and also receive this data in the proper form;

▪ demand, if necessary, correction or erasure of data if it has been processed in violation of the provisions of domestic law and the principles of this Convention;

▪ contact the next authority if no response has been received to the request for confirmation, issue, correction, etc.

The Institute of Personal Data in Russia is just being formed. The activation of its formation is facilitated by the Internet, in which personal data is subject to protection.

The main goal of this institution should be considered the protection of the legitimate rights and freedoms of man and citizen.

Author: Yakubenko N.O.

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