Open AccessPublic interests as a basis for the genetic information obtaining and using without consent of the person
Author(s) -
Ю. С. Поваров
Publication year - 2021
Publication title -
ûridičeskij vestnik samarskogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2782-2990
pISSN - 2542-047X
DOI - 10.18287/2542-047x-2021-7-2-42-47
Subject(s) - public interest , relevance (law) , civil code , legislature , population , normative , subject (documents) , pretext , political science , constitution , norm (philosophy) , public relations , law , sociology , computer science , demography , politics , library science
The article systematically examines the collection, storage, dissemination and use of information about private life (including genetic data) without the consent of the data subject under the pretext of having public interests. The relevant legal provision (Article 152.2 of the Civil Code of the Russian Federation) is subjected to a thorough critical analysis from the perspective of: a) identifying its relationship with the norm of the Civil Code of the Russian Federation, which provides for a general ban on uncoordinated transactions with the specified information; b) the breadth and uncertainty of the content (including due to the absence of any differentiation of regulation based on the type of actions performed on the information, as well as the evaluative nature of the concept of public interest). Based on the thesis about the inexpediency of unconditional refusal to use the category of public interest, the author emphasizes the relevance of the formulation and legislative fixation of algorithms for recognizing the fact of the presence of public interest (taking into account the provisions of Article 55 of the Constitution of the Russian Federation), as well as the establishment of restrictions of a subject, target, organizational and other nature for the collection, storage, dissemination and use of information about private life in the public interest. Particular attention is paid to the issue of the voluntary participation of individuals in the planned general genetic passporting of the population of Russia (it is emphasized that ignoring the principle of consent cannot be explained only by referring to the presence of public interest).