• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Legal Reguation of Data Sharing: public law and private law aspects

Priority areas of development: law
2019
The project has been carried out as part of the HSE Program of Fundamental Studies.

Goal of research

To elaborate legal securing of data sharing in conditions of the digital economy

Methodology

For complex research different methods were used. Traditional formal legal method was applied for analysis of legal acts. The sociological method  was used for analysis of law in action, for discovering gaps in the law. The comparative method was aimed at identifying common and special features of legal development in national jurisdictions. The system method provided a comprehensive approach to the analysis of the legal regulation of data sharing.

Empirical base of research

The official publications of normative legal acts of the Russian Federation; materials from the systems Garant and Consultant Plus; sites contain foreign legislative acts and judicial practice; library funds.

Results of research

Data sharing rises  problems of legal regulation of this process. For its settlement it is necessary not only amend legislative acts, but to produce a true revision of information law as a whole. It is necessary to renovate regulation of social relations connected with collection,  storage, processing and access to information information with information technology using.

There are the following directions in that field:

  • creation of uniform standards of collection, storage, processing, changing data (interoperability of data) that ensures   data management;
  • creation of legal base ensuring collection, translation, storage, processing and access to data generated through the use of information technology by physical and legal entities,  on the base of internation experience;  
  • increase the openness of information, including increase the amount of information provided in the form of open data.

Data management requirements need to be developed at each stage of their lifecycle, depending on the type of data (information).

For regulation of data sharing of public authorities subjects classified as public authority and new principles of public and municipal services should be defined and enshrined in the legislation.

Data management needs legal approaches to ensure non-discriminatory and equal access of various actors to data that is accumulated in state Information Systems (SIS), the conditions for obtaining information from SIS as a public service or on other legal grounds. It is necessary to determine the criteria for categorizing information systems as state ones. Any state information system must have optimal legal regime of information for fulfilling its tasks.

Personal data sharing produces a whole series of questions demanding legal regulation. Russian law in general follows the European approach to  the processing of publicly available personal data regulation.

One of key directions of impoving legislation on personal data in the field of relations connected with profiling citizens, has to become detalization of legal regime of anonymized data and encourage operators to maximize use of modern data depersonalization methodologies in their activities. Adequate regulation of the use of such technologies by commercial companies will help to create an environment of public confidence in electronic services.

It must be recognized that the increasing number of actors involved, on the one hand, in the creation of intellectual activity results and, on the other hand, in their use, should be reflected in the legislation for providing the interests of the authors and rights holders.

An important direction of modernization of the` Russian legislation is imposition into it a possibility of allocation of a share within exclusive right. It will allow to increase efficiency of results of intellectual activity using.

It is necessary to include  in the civil legislation of the Russian Federation the provision  on the use of intellectual activity  the author and/or the rights holder of which is unknown. A  body authorized to issue licences  to use the relevant works, similar to the body provided for by p. 4 (a) Art. 15 Berne Convention on the Protection of Literary and Artistic Works, should be established.

Level of implementation,  recommendations on implementation or outcomes of the implementation of the results

The results of the research may be of use in law-making process, in teaching legal disciplines and in raising qualification of state and municipal employees.

Publications:


Zhuravlev M., Brazhnik T. Russian Anticircumvention Legislation: Reinforcement of Website Blocking System // Computer Law & Security Review. 2019
Gudkov A. Dispute resolution on blockchain // First Monday. 2019
Dumortier J., Bogdanovskaya I. J., Piéchaud-Boura M. Further processing of health data for research purposes under the GDPR // Medical Law Journal. 2019
Dumortier J., Bogdanovskaya Irina, Yakushev M., Vandezande N. Legal framework for access to 5G spectrum for research purposes in Europe // Computer Law & Security Review. 2019
Kapyrina N. Routing design invalidity // Journal of Intellectual Property. 2019
Kapyrina N. Сurrent Trends in Russian Intellectual Property Lawmaking Following the Release of the Digital Economy Program // Journals of Intellectual Property Rights. 2019
Hauck R. G. Patents on AI? // IIC International Review of Intellectual Property and Competition Law. 2019
Frosio G. THOU SHALT NOT LINK: HOW COMMUNICATION TO THE PUBLIC AFFECTS INTERNET ARCHITECTURE // IIC International Review of Intellectual Property and Competition Law. 2019
Frosio G. Unlucky 17: How to Fix it (and Remunerate Creators in the Platform Economy)? // IIC International Review of Intellectual Property and Competition Law. 2019
Dimita G., Nurullaev R. The failure of the Russian global license proposal and the future of alternative remuneration systems // Computer Law & Security Review. 2019. Vol. 35. No. 2. P. 157-172. doi
Kalyatin V., Valdes-Martines E. DROIT DE SUIT CONVENTION: TO BE OR NOT TO BE? // Information and Communications Technology Law. 2019
Savelyev A. The inadequacy of the existing remedies for violation of data subject's rights and how to fix it // Computer Law & Security Review. 2019
Kapyrina N. Design rights in EU PTAs: Where does such internationalization lead? // Journal of World Trade. 2019. Vol. 53. No. 4. P. 647-677. doi
The futures of eHealth. Social, ethical and legal challenges. Berlin : Alexander von Humboldt Institute for Internet and Society, 2019.
Zhuravlev M. eHealth regulatory challenges in Russia, in: The futures of eHealth. Social, ethical and legal challenges. Berlin : Alexander von Humboldt Institute for Internet and Society, 2019. P. 143-150.