(АНТИ)СОЦИАЛЬНЫЙ МОНИТОРИНГ: ПРАВО И (ИЛИ) ЦЕЛЕСООБРАЗНОСТЬ?
The paper is focused on analysis of compliance with personal data legislation of electronic permits and mobile application “Social monitoring” implemented in Moscow among the other anti-COVID measures. Based on analysis of publicly available documents governing their application and statements made by government officials, it is concluded that these systems are not compliant with the requirements of personal data legislation. The paper also contains author’s view on how to ensure such compliance in the future, and that it will require amendments in the federal legislation.
Almost two years have passed since the adoption of the governmental program “Digital Economy”. However, as the texts of draft laws relating to regulation of data —the main asset in the digital economy —show, no holistic approach to its regulation has been developed so far. Instead, a fragmentary and chaotic approach dominates, with the main goals to ‘patch’ the existing legal framework and correct some extremes in law enforcement practice. At the same time, the massive usage of data in social life creates not only new business models and innovative solutions but also new risks, which cannot be adequately mitigated by using existing legal instruments of the analogue/offline age. Therefore, there is a pressing need for development of the concept of data regulation in the digital economy, which would reflect the core principles forming the future data governance framework. This paper represents an effort to provide such principles, based on the analysis of the existing experience of other jurisdictions and discussions at various forums.
The relevance of personal data protection in telemedicine is predetermined by rapid development of information technologies in different spheres, including health care. The key issue is that current legal framework for personal data protection does not adequately meet the needs of telemedicine. Rather than facilitating technological development the law creates unreasonable barriers for introducing innovations in health care. Modern information and communication technologies require a free, secure and legitimate information exchange among all actors of telemedicine relationships.
The article contains recommendations on improving legislation on personal data for facilitating telemedicine development. The paper mainly focuses on the principles of personal data protection in telemedicine (requirements for informed consent, purposes of processing, special rules for data controllers and data processors, obligations to ensure confidentiality and security, etc.).
In particular, it is proposed to eliminate the mandatory requirement of written consent for processing special categories of personal data; to establish special grounds for personal data processing in telemedicine purposes; to differentiate the processing of personal data in telemedicine depending on the consent requirement ("without consent" "without consent, but with option to refuse processing", "with consent"). It is necessary to set the legal status of telemedicine entities and possibly impose special obligations for personal data processing performed by these entities. In addition, it is important to establish industry standards for security of health information systems taking into account specific threats typical to telemedicine technologies.
The article also focuses on the Russian legislative approach to health information systems that are crucial for telemedicine. The thesis is supported that legislation in this area should facilitate integration and interoperability of health information systems, expand applicability of these systems and increase the role of patients in management of personal electronic health records.
Methodological basis of research includes analysis of legislation and draft laws on corresponding issues, comparative legal method (in some aspects Russian experience is considered in comparison with experience of the EU and USA) and method of legal modeling (amendments to Russian legislation are proposed).
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter