A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
VECTOR OF LEGAL SCIENCE. Development of legislation in the period of digital transformation of society
The article deals with topical issues on the systematization of the legislation of the Russian Federation. The study outlines the problems and conceptual ways to solve them. Attention is drawn to the need to systematize the Russian information legislation, streamline existing laws, regulatory legal acts and bring all legal norms into a single legal system. Particular attention is paid to issues related to understanding the conceptual approach to the development of the Information Code, the use of legal structures, terms, the study of different views on the legal regulation of information relations, the state of legal regulation, the disclosure of contradictions and gaps. In the study, methods of analysis and synthesis were used. The study made it possible to draw a number of conclusions: that in the context of digital transformation it is necessary to develop and strengthen scientific and legal methods in various areas of the information society. It is necessary to legislate the concepts related to the circulation of information, as well as develop requirements for state information systems. It is substantiated that in real time, new scientific and theoretical approaches will contribute to the fundamental system of various legal structures, as well as systematize legal relations in the information sphere.
The article outlines the legal basis for the use of information technology in higher education. Digital technologies are considered, which are actively used both in the practice of Russian universities and foreign ones. At the same time, it is noted that in foreign countries the process of digitalization of educational services is quite broader than in Russia. Within the framework of the domestic legal order, only the basic development of both legal regulation in this area and the practical implementation of the researched direction takes place. Particular emphasis is placed on modern problems of using information technologies in the field of higher education, which are typical for domestic practice and legal regulation. The author identified problems of a legal and organizational nature. As conclusions, directions for improving legal regulation and practical implementation of information technologies in the field of higher education in Russia are formulated. The author proposes to resolve possible problems of an organizational, technical and legal nature, while taking into account the existing experience of distance learning in the state.
The article analyzes the problem of the content of the legal definition of “personal data”. On the basis of the study, the author concludes that, due to its breadth, almost any information falls under the definition of personal data, which has a regulatory framework, which does not allow for adequate protection of the rights of the subject of personal data, in addition, may violate other rights guaranteed by law. The author shows that the flexible mode of personal data eliminates the need to establish an exhaustive list of them, which allows for the possibility of enshrining in the legislation the types of personal data subject to free circulation, including the definition of a list of cases of using personal data without obtaining the consent of the person concerned. When deciding whether to classify this or that information as personal data, the following algorithm is proposed: analysis of the provisions of sectoral legislation for listing information related to personal data; in the absence of such, an analysis of judicial practice in similar cases, the application of clarifications from Roskomnadzor and the Ministry of Digital Development; use of the identification method. It is substantiated that due to the ambiguous judicial interpretation of the category “personal data”, which in some cases does not coincide with the position of Roskomnadzor, it is necessary to develop common approaches to the interpretation of the norms of legislation on personal data by the highest court.
The system of subjects of cyber law is in the process of constant development due to the emergence of new digital technologies. An actual theoretical problem is the development of the theory of quasi-subjects in law and the definition of the legal status of an electronic person as a quasisubject of law.
A quasi-subject is a person who does not possess all the characteristics of a subject of law. It is possible to distinguish such types of quasi-subject as persons: endowed with subjective rights and obligations, but not responsible (intellectual agents, cyberphysical systems, artificial intelligence systems, robots); not having legal personality, but realizing their interests through the interests of subjects of law, as a rule, as constitutional and legal imperative (future generations).
Cyberspace, cyberworld or the virtual world has become an inevitable reality of the modern society life. The period of the COVID 19 pandemic has further intensified the relationship between citizens and cyberspace, which in turn leads to an increase in cybercrime in the modern virtual world. Therefore, it has become necessary for each user, taken in the broadest sense of the term, to use secure methods when navigating the Internet in order to protect their own information space. The combination of these security measures is called “cyber hygiene”. This article is devoted to the problems of legal support for the developing concept of “cyber hygiene”, which at present plays a decisive role in protecting, not only the information infrastructure of modern business, but also the data of individual users. The author focuses on the fact that, currently, the conceptual apparatus of legal support in the practice of information relations in the field of cyber hygiene has not yet been formed. At the same time, the importance and necessity of the formation and development of this legal concept is emphasized on the basis of an analysis of growing cybercrimes, indicating a still insufficient level of cyber hygiene.
VECTOR OF LEGAL SCIENCE. Artificial intelligence
The development of high-tech sectors of the economy is largely due to the formation of a systematic legal regulation of the emerging relations in the digital environment, including the regulation of certain end-to-end technologies. One of the most important such technologies is artificial intelligence and inextricably linked neural networks. This article is devoted to the analysis of one of the key problems in the use of neural networks — the protection of personal data. The authors conclude that the legislation on personal data should stipulate that the processing of personal data using neural networks should be carried out only with the written consent of the subject of personal data. In addition, any changes to personal data made as a result of machine learning processes must be regularly coordinated with the subject of personal data. He should be provided with the opportunity to get acquainted with the updated personal data.
There is an active development of regulation of creating, implementing and using artificial intelligence technology in the European Union. The regulatory legal framework is currently quite extensive. The Regulation of the European Parliament and of the Council laying down Harmonised Rules on Artificial Intelligence (Artificial Intelligence Act) and amending certain Union Legislative Acts will take leading place. Purpose: to conduct a comprehensive study of the main EU legal acts and pay special attention to the provisions of the Artificial Intelligence Act. The methodological basis is the analysis and synthesis. Results: main legal acts of the EU are researched; the most important regulatory issues are highlighted. Conclusions: the most important issues are fragmentation of the digital market, risks in the using technology, ethical basis, certification, control over the use of technology, liability for violation of the regulatory legal framework.
VECTOR OF LEGAL SCIENCE. Information security of civil society
In the digital transformation context, an objective need has arisen to modernize the current personal data regulation. The legislator’s attempts to develop this regulation do not bring the required results. In this paper, the author makes an attempt to identify and critically analyze the implicit principles of legal regulation of relations in the fi ld of collecting of data on a person. The author establishes the presence of at least three implicit principles that determine the current domestic regulation, namely: (1) “preventive protection of data on a person a priori ensures the protection of the data subjects’ rights”; (2) “the protection of the data subjects’ rights should be carried out mainly through public means”; (3) “the data subjects are reasonable, so that they should bear the burden of determining the future of their personal data.” The identified principles are also critically analyzed by the author. As a result, the inconsistency and inefficiency of them in the modern context are established. The author concludes that it is necessary to conceptually reform the data collection regulation at a fundamental level, which should already be the subject of extensive discussions in the legal community. In addition, the author provides a number of recommendations on potential regulatory reform.
The study focuses on the development of identification tools at the present stage of digital transformation for the formation of a digital environment of trust. The author used the following methods: hypothesis building, idealization, legal modeling, comparative legal method. The results obtained: In the conditions of digital transformation, there is an active spread of the remote work model, an increase in the share of remote services and services in the traditional business turnover, as well as their complication and scaling. In these conditions, there is a need to apply high-quality identification solutions that contribute to the formation of an environment of trust in the digital space. The article examines the dynamics of the development of the current legislation in terms of identification, analyzes the current information and legal mechanisms for the implementation of identification, existing problems and trends in the provision of remote services and functions.
The protection of personal data is one of the most important tasks at the present stage of the development of states. This need is determined by digitalization, the transition of most human activities into the digital space, as well as an increase in the number of cyber-attacks and leaks of personal data in the digital environment. The purpose of the study was to analyze the causes and conditions of increased risks in relation to personal data, to analyze the current legislation of the Russian Federation regarding the system of personal data protection in the digital environment, to analyze the experience of foreign countries in relation to this issue. The article draws conclusions about the main problems of personal data protection in the digital space, and also identifies the main areas that require improvement to ensure the protection of personal data.
The article discusses the specific features of legislative regulation of i-voting. The study shows that public authorities often seek to restrict citizens’ access to this method of participation in government referring to technical and legal barriers to its use. The foreign experience considered in the article and the experience of remote e-voting in our country allows us to refute the reference to the presence of significant technical barriers to i-voting. Legal barriers, as the results of the study show, can also be overcome by changing the relevant legal norms.
At the same time, it is noted that i-voting is in demand not only in public law, but also in private law. In this regard, the hypothesis of the need to open access to i-voting technology for subjects of private law is substantiated. The implementation of this proposal will help to increase confidence in the information system, increase the competencies of a wide range of people, and as a result, harmonize the digital transformation of the electoral process with the existing legal culture. The studied experience has shown that in the course of digital transformation, i-voting will face many technical and legal problems. At the same time, legal science should form an understanding of these difficulties, as well as proposals for their neutralization and overcoming. This is the only way for the Russian Federation to defeat «digital neo-luddism» in the field of digitalization of public administration in general and in the field of i-voting in particular.
VECTOR OF LEGAL SCIENCE. Legal relations in the digital sphere
Patents are an important element of economic growth that promotes innovation through the creation of new scientific and technological knowledge. The impact of patents on stimulating innovation and economic growth is undeniable. At the same time, the role of protecting the results of intellectual activity is emphasized in order to increase competitiveness and increase applications. As a result, the number of patents for applying new technologies and attracting new participants within the system (i.e. high-tech entities, research institutions, start-ups and networks) has grown exponentially, jeopardizing the future functioning of the patent system. Patents are still increasingly used by business entities and government research organizations to protect new inventions, IT solutions, technologies that generate new waves of innovation and contribute to changing the current national civil legislation of the Russian Federation.
An attempt is made to analyze new institutional formations in the system of information law — «Internet law», «cyber law», «digital law». Based on the study of the approaches of various authors, the ratio of these categories is presented. It is proved that digital law is a priority for the legal regulation of fundamentally new public relations emerging over the use of end-to-end digital technologies, while improving the system of legal regulation from the standpoint of cyber law seems more promising as a direction for improving the legal regulation of traditional information institutions that are incapable of rapid digital transformation.
According to the results of the study, the author concludes that one of the traditional information institutions, the improvement of the system of legal regulation of which it is advisable to consider in the context of cyber law, is the institute of legal regulation of information relations in the field of librarianship. It is argued that this approach will make it possible to adapt the legal regulation of library and information activities to the digital environment for the period of introduction of end-to-end digital technologies into library practice, while maintaining a balance of providing library and information services in traditional and electronic forms
One of the main properties of law is its consistency. The array of legal information is not a simple set of text documents. Legal documents by their very nature are interconnected. Therefore, the processing of legal information consists in the detection and disclosure of these links and the construction of a holistic, internally sound system based on them.
The article examines the main legal approaches to determining the legal essence of cloud computing technologies, analyzes their stable features and advantages, and accumulates risks and threats of application. It is noted that in the Russian Federation, legal support for the sphere of cloud computing technologies is insufficient, including the absence of a definitive apparatus, the relevance of the adoption of a special law on information security, sections of which should be devoted, inter alia, to the legal foundations of cybersecurity when using cloud computing technologies, laying the foundation for an integrated approach to legal security management, has not been removed between different participants of the digital environment. Therefore, the study of the legal nature and features of cloud computing technologies with the allocation of specific characteristics, as well as the identification of threats and risks in the process of using cloud computing technologies seems to be a promising direction for the further development of the mechanism of legal regulation of the digital technology sphere.
FOREIGN EXPERIENCE
The history of the emergence and subsequent cross-border evolution of Internet law around the world is, in a sense, paradoxical. The creators of the first version of the Internet as a national security information system hardly imagined that the legal regulation of the Internet, primarily in Western Europe, would fall under the influence of the Romano-Germanic legal system. We are talking about the basic division of the national legal order for continental Europe into public law (jus publicum) and private law (jus privatum). Accordingly, cybersecurity and other public needs of the Internet in continental Europe have become the subject of public Internet law. On the contrary, the specifics and protection of the individual rights of users and entrepreneurs in the Internet space have become the subject of regulation of private Internet law. In the context of such differentiation of the Internet space, the experience of the PRC is of particular interest, where the ratio of public need and private interest, due to the specifics of Chinese civilization, cannot be interpreted in the spirit of Western European dualism.
TRIBUNE FOR YOUNG SCIENTIST
The article explores problematic issues of legal regulation of genetic data cybersecurity. The author points out gaps in the legal framework regulating the requirements for collection, storage, processing and transfer of genetic data as a special type of personal data. The author investigates the aspects of insufficient protection of genetic information and the main reasons and sources of threats for private and public interests. The author proposed ways to improve the legislation in order to counteract cyber risks in conditions of a significant growth of genetic data in the Internet space, in particular, to approve mandatory security requirements when dealing with genetic information, to increase responsibility for violation of legislation in the field of personal data, to limit the range of persons having access to genetic databases and other mechanisms of legal regulation.
The article analyzes the potential of using artificial intelligence technologies (hereinafter referred to as AI) for the purpose of reducing or preventing various kinds of risks for domestic business in the face of increasing sanctions pressure from a number of foreign countries, which reached unprecedented proportions after the start of a special military operation in Ukraine. The article discusses aspects related to the use of modern IT solutions by foreign countries for the purposes of monitoring compliance with sanctions legislation in relation to the Russian Federation, as well as ways to inform the domestic business community about the possibility of taking into account restrictive measures taken against it. The approaches to the definition of the concept of digital sovereignty are analyzed and its criteria are formulated. Based on the analysis of regulatory and doctrinal sources, it is shown that AI technologies are inextricably linked with ensuring national digital sovereignty, and the level of legal regulation should meet the demands of the present time.
The article presents the author’s approach to the definition and structure of the institute of personal information of religious nature and the circulation of such information in cyberspace. The article offers the reader a definition of the mentioned institute as well as discloses the composition of the information and data that it includes. The article provides specific examples of such information and discusses foreign and international experience in defining and protecting it. It is argued that this institution is governed not only by the rules of information law but also by the rules of various branches of law. In order to confirm the proposed approach, an analysis of the various branches of the Russian legal system and the norms that make up the institute of personal information of a religious nature. The study concludes that the institute of personal information of a religious nature is complex and the need to develop special methods of inter-sectoral protection, as well as forming proposals for the standardization of processes of anonymization and de-anonymization of such information in cyberspace.
LAW IN HISTORICAL INTERPRETATION
LAW IN HISTORICAL REFRACTION. Legal Monuments
POST SCRIPTUM
ISSN 2782-6163 (Online)