Appealing against (Challenging) the Actions (Inaction) of a Non-Public Operator as a Special Way to Protect the Rights of a Gardener — Personal Data Subject

Abstract

The paper is devoted to one of the most effective, but rarely used in practice, special methods of protecting the violated rights of the personal data subject in relation to gardeners, aimed at restoring violated rights and freedoms through appealing against the actions and/or inaction of a non-public operator. The purpose of the paper is to analyze the provisions of Art. 17 of the Federal Law of July 27, 2006 No. 152-FZ «On Personal Data» by means of the formal legal method and linguistic (grammatical) method of interpretation. It aims at not only giving a general description of this special method of protection, but also formulating the conditions for the gardener to exercise the right to judicial appeal against the actions/inactions of a non-public operator from the standpoint of the objective and subjective elements of the rule of law. The paper will be useful primarily for practicing lawyers and attorneys involved in the protection of the violated rights of gardeners — personal data subjects, whose garden land plots are located on the territory of closed dacha villages established on land plots appearing from land shares.