European approach to the delimitation of non-personal data for the purposes of civil circulation-Reference-Cited by-同舟云学术

European approach to the delimitation of non-personal data for the purposes of civil circulation

Published:2022-02-02 Issue:3 Volume:7 Page:126-131
ISSN:2782-2990
Container-title:Juridical Journal of Samara University
language:
Short-container-title:Juridical Journal of Samara University

Author:

Sterligova A. V.

Abstract

The purpose of the article is to comprehensively investigate the need to differentiate the division of data into personal and non-personal. The article uses the methods necessary to analyze the application of a unified approach in understanding the use of data in civil circulation, namely: formal legal, comparative legal, formal logical, systemic and functional. The theoretical significance of the study lies in the development of a unified concept for understanding data in civil circulation. After analyzing foreign and national doctrine and legislation, the author comes to the conclusion that in practice in civil circulation there is value for using a unified understanding of data without highlighting both personal and non-personal data in their composition. The author considered non-personal data in the context of the European approach to dividing data into personal and non-personal. The author analyzed the applicability of the European approach to Russian realities, as well as the main problems that arise in practice in connection with the use of non-personal data.

Publisher

Samara National Research University

Reference18 articles.

1. Jeffrey Ritter, Anna Mayer. Regulating Data as Property: A New Construct for Moving Forward. Duke Law and Technology Review, 2017, Vol. 16, No. 1, pp. 220–277. Available at: https://scholarship.law.duke.edu/dltr/vol16/iss1/7.

2. Information as Property Databases and Commercial Property

3. Jamie Lund. Property Rights to Information. Northwestern Journal of Technology and Intellectual Property, 2011, Vol. 10, Issue 1. Available at: https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1155&context=njtip.

4. One Company in Zhejiang Is Ordered to Pay 350,000 RMB in a Judgment. People’s Court News, November, 2019. Available at: http://rmfyb.chinacourt.org/paper/html/2019-11/05/content_161872.htm?div=-1 (accessed 24.05.2021) [in Chinese].

5. Pamela Samuelson. Information as Property: Do Ruckelshaus and Carpenter Signal a Changing Direction in Intellectual Property Law?. Catholic University Law Review, 1989, Vol. 38, No. 2. Available at: https://scholarship.law.edu/cgi/viewcontent.cgi?article=1867&context=lawreview (accessed 24.05.2021).