Open AccessTHE HUMAN RIGHT TO THE PROTECTION OF PERSONAL DATA ON THE INTERNET: THEORETICAL AND LEGAL ASPECTS
Author(s) -
Tereziia Popovych
Publication year - 2021
Publication title -
analìtično-porìvnâlʹne pravoznavstvo
Language(s) - English
Resource type - Journals
ISSN - 2788-6018
DOI - 10.24144/2788-6018.2021.02.9
Subject(s) - data protection act 1998 , the internet , internet privacy , context (archaeology) , personally identifiable information , the right to privacy , right to privacy , information privacy law , public relations , business , political science , human rights , law , privacy by design , computer science , world wide web , paleontology , biology
The article is devoted to the analysis of theoretical and legal aspects of the human right to the protection of personal data on the Internet. The author believes that at the present stage the field of personal data protection on the Internet is becoming especially important, linking it with the universal importance of communication that occurs within the Internet, as well as the threat of unauthorized dissemination of information through it. The right to the protection of personal data is considered as one of the forms of realization of the human right to the respect for his private, family life, in the context of his inviolability on the Internet. Scientific intelligence begins with a review of information protection models that have emerged in the world. Yes, we are talking about the American, European and mixed models. However, the article provides an overview of the acts adopted by the relevant European institutions in this area.
In addition, the article examines the experience of some foreign countries in ensuring the human right to the protection of personal data on the Internet, in particular Brazil, France and the Republic of Belarus. The author notes that the protection of personal data involves a number of positive and negative obligations of the state and individuals. Negative obligations are aimed at prohibiting the processing of personal data without the consent of the person to whom the specific information relates. The positive obligations of public organizations and individuals (organizations) are to comply with the established legal regime of personal data processing, including the use of appropriate technical means. That is, the author emphasizes that the legal obligations in the context of ensuring the right to protection of personal data on the Internet are imposed not only on the state, but also on Internet service providers, owners of online services and websites, etc., given the possibility that they have access to personal information.