История, смысл и перспективы института персональных данных

Вестник гражданского права. 2020. Т. 20. № 3. С. 43–82.

Dmitrik N.

The article covers a 130-year period of development of legislation on the protection
of private life. The research has both historical and systemic aspects, demonstrating
the sequence and factors of development of this legal institution. The author identifies
and analyzes four historical directions of legislation in this area. The first direction
was the protection of privacy as a special area of human life that requires protection
from interference. As events unfolded, potential threats and violators changed
(individuals, then the state, then business again), but the protection mechanism
remained the same. The second direction protected information about a person
that can be used for commercial purposes. By making such information an object
of exclusive right, legislators created institutions for celebrity rights, rights to name,
image, and performance. The third area was the protection of personal data. Having
appeared in response to the state’s invasion of privacy, this institution now works as
a condition for the existence of a global digital market. Finally, the fourth area that
closed the circle of protection of human-related information was the doctrine of
contextual privacy. In combination with the concept of privacy by design, it protects
the interests of the individual in areas where government intervention is impossible
or ineffective.

Keywords: персональные данные, исключительные права, exclusive rights, частная жизнь, privacy, personal data