Modern problems of qualification of personal data in the context of the doctrine of intangible benefits

Abstract

The article deals with modern problems of qualification of personal data in civil circulation. In doctrinal sources, the prevailing point of view on this category is the view as an object of civil law, despite the fact that the concept of “personal data” was introduced by the federal law “On Personal Data”, which refers to public branches of legislation. Due to the absence of the category “personal data” in Article 128 of the Civil Code of the Russian Federation, the problem lies in determining the place of personal data among the legally enshrined objects of civil rights; in establishing the legal regime of personal data. Taking into account the views known to the civil doctrine, the author substantiates the possibility of classifying the category of “personal data” and, accordingly, establishing a legal regime to the category of “intangible benefits”, subject to the requirements for the consent of the subject of personal data to the processing of his personal data; for an array of data (Big User Data) ...