Thesis for a Philosophy Doctor Degree in specialty 081 Law. Leonid Yuzkov Khmelnytskyi University of Management and Law of Khmelnytskyi Regional Rada, Khmelnytskyi, 2021.
The thesis is dedicated to analysis of peculiarities of Civil and Law Relationships on Personal Data, and to resolving of complex of theoretical and practical issues that are related to Civil and Law aspects of statics and dynamics of Personal Data. Development of specific suggests and recommendations on improvement of Law regulation of Civil and Law Relationships in the field of Personal Data are included into the subject of the thesis too.
There is emphasized in introduction, that acceleration of informatization processes acquires extraordinary features in current Postmodern Civilization. Digital innovation changes a quality of society life and, moreover, impacts on the following stage of human evolution. Formation of new feature of «digital» human personality is caused by radical changes; and it only deepens various aspects of the protection of her freedom, inviolability and dignity. Significance of safety and protection of information flows and data bases that are formed by them is growing. The first section states that Personal Data are intangible assets as they are not a part of tangible world, do not have material (physical) substance, and do not have geometric shapes, sizes, colors, etc. Simultaneously with intangible nature, Personal Data can be saved on tangible media (as a Personal Data files) or displayed electronically (Personal Data Digital Base). At the same time, Personal Data are an object of Personal Intangible Rights (Personal Intangible Assets) as they are information. Personal Data as Personal Intangible Assets has intangible nature; however, they can objectively acquire property value according to current level of development of tangible and intangible culture, social and economic relationships and informational space. Herewith, information about an individual in itself remains an intangible asset as they are not created in the process of production and do not have money value. Tangible value can be caused by personality of a person (for instant, well-known person) or can be created at the processing of Personal Data.
Despite the inseparability of Personal Data as Personal Intangible Assets, they are characterized as isolated with the help of Data Object (information about a specific individual), quantitative and qualitative Data Content (composition of Personal Data which are in processing), and external form (electronic form and / or files). Personal Data are included into objective Intangible Assets that are expressed as an objective form accessible to the human senses. Objectivity shows an external – as for subject – character of Personal Data. In turn, the objectified form of Personal Data creates opportunity of its using separated from a person-holder (Personal Data Subject). The mentioned above indicates the separation of such data.
Personal Data as Personal Intangible Assets has such features: 1) separation; 2) objectivity; 3) separation of Personal Data Rights; 4) economic value; 5) have features of goods; 6) ability to be involved into economic turnover. There is concluding that concept of «Personal Data» meets European standards declared in international legislation, in general. Herewith, concept of «Personal Data» in national legislation is involved from Directive 95/46 /EU. The composition of the concept of «Personal Data» consists of four signs. They are: 1) information or a set of information (including any information about a person); 2) Personal Data are related directly or indirectly to individual («about individual»); 3) a subject of Personal Data is a person regardless of his / her citizenship, permanent residence or other legal relationship with the state; an individual is identified (in a group of persons he / she is «distinguished» from other members of the group or can be specifically identified based on the circumstances of each case); 5) personal information acquires the legal regime of Personal Data with the beginning of Personal Data Processing. Personal Data Processing is any action or set of actions, such as collection, registration, accumulation, storage, adaptation, change, renewal, use and distribution (distribution, sale, transfer), depersonalization, destruction of Personal Data, including with the use of information (automated) systems.
