Диалектика информационной приватности в условиях развития информационной безопасности
Information privacy is the protection of personal data and the foundation of privacy on the whole. Information privacy and information security are two concepts that constantly interact with each other. The relationship of the two notions is dialectical and constitutes a dilemma that does not have an explicit legal solution, but requires a search of a balance. The search of the balance in the most controversial cases rests upon the shoulders of the supranational courts. The correlation of the information privacy and information security is similar to the relationship of private and public spheres, which mutually complement each other, and which equilibrium demonstrates the harmonious development of a citizen, society and a state. In Russia, the ground for the phenomena of public security of the citizen and society arose with the advent in the RSFSR of the right to the private life of the citizen in 1991. Before that appearance there had been only the concept of information security of the state. The new approach to the understanding of information security shows that the citizen plays an active role in the information space. The fragile state of the international information security and the lack of information security of the citizen, society and the state in modern conditions become a powerful incentive for the development of information law, scientific doctrine. At the same time, strengthening information security, along with active technologization and informatization, can narrow the boundaries of information privacy of citizens. Such a state gives rise either to an incentive to abandon private life and protection of personal data in general (for example, within the framework of information “post-privacy”) or an incentive to excessively protect the information privacy. Both phenomena testify to the low level of existential security of citizens and the need to find a balance between private life and the objective and subjective aspects of security. The author refers to the decisions of the ECtHR and the Court of Justice of the European Union, indicating their role in strengthening the national information security of the EU, explores the approaches of the ECtHR to understanding security, the right to privacy and the right to self-determination, and analyzes the American and the Russian court decisions that have had influence on the definition of the right to privacy and the right to protection of personal data. The author concluded that the “death of private life” is associated with the crisis of self-determination and self-identification of the subject, caused by informatization and placing an economic value on the information. This crisis, in its turn, stimulates the development of the objective side of information security, after which it will become possible to strengthen the subjective side of existential security. The author assumes that if the citizen and society have a stable subjective side of existential security, the right to privacy will be reborn.