互联网上个人非财产权系统中的个人资料:一般描述

T. I. Khudolii
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引用次数: 1

摘要

保障个人数据安全是当今信息社会发展的重要内容,也是客观需要。关于一个人的信息现在已经成为一种特殊的产品,它有自己的价格。这些数据在犯罪分子和欺诈者手中变成了犯罪工具或出售给竞争公司的商品。信息在网络罪犯和欺诈者手中成为犯罪工具,在昔日朋友手中成为报复手段,在内部人手中(来自英语inside - inside)成为出售给竞争公司的产品。这就是为什么个人数据保护的水平和质量需要非常认真的理论和实践研究。采取措施保护个人数据的必要性,除其他外,是通过提高在在线环境中收集、处理和传播信息的技术能力而引起的。信息技术水平最终达到了信息权利的自我保护不再是对抗隐私侵犯的有效手段。现代人不再能够在身体上避开各种明显或隐蔽的收集和处理信息的手段和技术,这些手段和技术被公司用来对付他,以达到某种商业目的。随着电子商务和现有媒体的发展,滥用收集和积累的个人信息的可能性也有所增加。所有这些都促使我们对确定互联网环境下人类保护的具体方式和机制进行科学思考。本文研究的对象是互联网上授权实体在其收集、处理和传播过程中产生的一种特殊的人身非财产法律关系。这项研究的目的是研究利用有效机制收集、处理和传播个人数据的理论和立法基础,以确保在乌克兰和国外保护这些数据。研究的任务是识别个人数据及其在个人非产权制度中的具体特征,确定个人数据的收集、处理、传播的法律关系的主客体构成,研究主要国家实施相关立法的实际可能性。所获得的研究成果的现实意义在于证实了保护网络空间中不可剥夺的人权和自由不受非法侵犯的必要性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PERSONAL DATA IN THE SYSTEM OF PERSONAL NON-PROPERTY RIGHTS OF INDIVIDUALS ON THE INTERNET: A GENERAL DESCRIPTION
Ensuring the personal data security today is not only an important element of the development the information society, but also an objective necessity. Information about a person has now become a special product that has its own price. This data in the criminals’ and fraudsters’ hands turns into a tool of crime or a commodity for sale to competing companies. Information in the hands of cybercriminals and fraudsters becomes an instrument of crime, in the hands of former friends – a means of revenge, in the hands of an insider (from the English inside – inside) – a product for sale to competing companies. That is why the level and quality of personal data protection requires a very serious doctrinal and practical research. The necessity to take measures to protect personal data is caused, inter alia, by improving the technical capacity to collect, process and disseminate information in the online environment. The level of information technology has finally reached the point where self-protection of information rights is no longer an effective means of counteracting invasions of privacy. Modern man is no longer physically able to avoid all the variety of obvious or hidden means and technologies of collecting and processing information that are used against him by companies to achieve a certain commercial goal. With the development of e-commerce and available media, the possibilities of abuse related to the use of collected and accumulated information about an individual have also increased. All this pushes us to scientific reflection on identifying specific ways and mechanisms of human protection in the Internet environment. The object of the study is a special type of personal non-property legal relations that arise in the process of its collection, processing and distribution by authorized entities on the Internet. The purpose of the study is to study the doctrinal and legislative basis for the collection, processing and dissemination of personal data using effective mechanisms to ensure their protection in Ukraine and abroad. The task of the study is to identify personal data and their specific features in the system of personal non-property rights, determine the subject-object composition of legal relations for the collection, processing, dissemination of personal data, study the actual possibility of implementing relevant legislation of leading countries. The practical significance of the obtained research results lies in the substantiation of the need to protect the inalienable human rights and freedoms in cyberspace from unlawful encroachments.
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