2019•Juridical Journal of Samara UniversityOpen access

LEGISLATION IN THE FIELD OF PERSONAL DATA AS AN INSTITUTION OF INFORMATION LEGISLATION

Валентина Дмитриевна РУЗАНОВА

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Abstract

The article, on the basis of the theory of doubling the structure of law, considers the problems of building a system of legislation in the field of personal data through the prism of its membership in the institutions of information legislation. The author makes an attempt to establish the correlation of normative legal acts within this institution and to determine their points of contact with the acts of sectoral legislation. The author concludes that the specified institution is rapidly growing and acquires the features of multi-structure due to the quantitative and qualitative dynamics of the subject of legal regulation. It is noted that the close connection of the named type of information with an individual predetermines the unity of fundamental approaches to the legal regulation of relations arising here. At the same time, the ramification of the personal data itself and their spheres of application is the basis for a significant internal differentiation of this institution, manifested in the presence of sub-institutions in its composition. As an example, the subinstitute of biometric personal data is analyzed, the structure of which as one of its elements includes a set of regulatory legal acts establishing the mode of genomic information.

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The article, on the basis of the theory of doubling the structure of law, considers the problems of building a system of legislation in the field of personal data through the prism of its membership in the institutions of information legislation. The author makes an attempt to establish the correlation of normative legal acts within this institution and to determine their points of contact with the acts of sectoral legislation. The author concludes that the specified institution is rapidly growing and acquires the features of multi-structure due to the quantitative and qualitative dynamics of the subject of legal regulation. It is noted that the close connection of the named type of information with an individual predetermines the unity of fundamental approaches to the legal regulation of relations arising here. At the same time, the ramification of the personal data itself and their spheres of application is the basis for a significant internal differentiation of this institution, manifested in the presence of sub-institutions in its composition. As an example, the subinstitute of biometric personal data is analyzed, the structure of which as one of its elements includes a set of regulatory legal acts establishing the mode of genomic information.

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Available abstract

The article, on the basis of the theory of doubling the structure of law, considers the problems of building a system of legislation in the field of personal data through the prism of its membership in the institutions of information legislation. The author makes an attempt to establish the correlation of normative legal acts within this institution and to determine their points of contact with the acts of sectoral legislation. The author concludes that the specified institution is rapidly growing and acquires the features of multi-structure due to the quantitative and qualitative dynamics of the subject of legal regulation. It is noted that the close connection of the named type of information with an individual predetermines the unity of fundamental approaches to the legal regulation of relations arising here. At the same time, the ramification of the personal data itself and their spheres of application is the basis for a significant internal differentiation of this institution, manifested in the presence of sub-institutions in its composition. As an example, the subinstitute of biometric personal data is analyzed, the structure of which as one of its elements includes a set of regulatory legal acts establishing the mode of genomic information.

Key concepts: Legislation, Institution, Normative, Field (mathematics), Subject (documents), Personally identifiable information, Political science, Law

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