And the business is well-fed, and the Persians are safe

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Russians are forced to give organizations or Internet services the maximum amount of information about themselves, and the courts are not on their side, experts say. Representatives of the business community are drawing attention to the risks of excessive regulation in the area of ​​personal data (PD). How to find a balance between the protection of personal information and economic feasibility and what adjustments to the legislation are necessary were discussed at a meeting in the Federation Council of the Russian Federation.

AGREE OR LEAVE

Many Internet services force visitors to immediately provide consent to the processing of their PD. They often require information about family and property status, education and even body parameters. Naturally, such conditions do not meet the goals for which the user applied.

At the same time, Russians who decide to content writing service fight such arbitrariness are most often denied protection in court, said Lyudmila Kurovskaya, director of the Center for Legal Assistance to Citizens in the Digital Environment of the Main Radio Frequency Center (GRChTs), created in 2021 on the initiative of Roskomnadzor, at the round table "Current Problems of Protecting Citizens' Personal Data in the Digital Space", held in the Federation Council. According to her,

The court decisions actually support the principle proposed by the personal data operators – “agree or leave”




Therefore, personal data should be recognized as an intangible asset of Russians, as this will simplify the protection of their interests in court, the expert emphasized.

Lyudmila Kurovskaya, Center for Legal Assistance to Citizens in the Digital Environment:

– There is a serious need to amend the Civil Code, namely Article 150, recognizing personal data as an intangible asset. There are grounds for this: paragraph 2 of Article 2 of the Civil Code of the Russian Federation specifies an open list of civil-legal relations, which includes both property and personal non-property relations.

She noted that

personal data, like any information directly or indirectly related to an individual, have all the characteristics of an intangible asset

They are inalienable and can arise both from the moment of a person’s birth (biological data, fingerprint data) and by law: last name, first name, patronymic, place of residence, education information, explained Lyudmila Kurovskaya.

In her opinion, another problem that requires a legislative solution is the need to enshrine the principle of minimum necessity when processing personal data.

Lyudmila Kurovskaya, Center for Legal Assistance to Citizens in the Digital Environment:

– Many may say that this is already in the law – in Part 5 of Article 5 of the Law “On Personal Data”: the processed PD should not be excessive in relation to the stated purposes of their processing. At the same time, the concept and principles of this redundancy are not defined by law, but such a practice is now very common among PD operators.

Svetlana Chekhovskaya, a research fellow at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, noted in her speech the growing commercial use of personal information, especially in the areas of big data and artificial intelligence.