Churilov A.Y. The Problems of the Legal Regulation of Big Data

DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.23

Alexey Y. Churilov, Candidate of Sciences (Jurisprudence), Analyst, Scientific and Educational Center “Intellectual Property and Intellectual Rights”, Law Institute, Tomsk State University, Prosp. Lenina, 36, 634050 Tomsk, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-9435-1626

Introduction: the development of technologies for collecting and processing information gave rise to the emergence of a recent phenomenon on the market – Big Data, which is in a certain conflict with the current legislation on personal data. Objective: to study the problems and features of the legal regulation of Big Data considering their technological features. Methods: the methodological basis of the study is a set of methods of scientific knowledge, among which the primary place is occupied by the methods of historicism, systematic method, analysis. Results: the problems of compliance of the current regulation of relations regarding personal data with the realities of the technological development of society were analyzed, including the compliance of Big Data technology with the general principles of processing personal data, reflected in both domestic and foreign legislation. Conclusions: the author concludes that regulation of personal data lags the needs of entrepreneurs using Big Data in their work, and the need for a careful choice of a model for the legal regulation of relations arising from the use of this technology to achieve a balance of private and public interests.

Key words: Big Data, personal data, principles, legality, consent, regulation.

Citation. Churilov A.Y. The Problems of the Legal Regulation of Big Data. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 3, pp. 155-160. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.23

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