Concept of personal data: the Problem of Legal Certainty

Abstract

The article analyzes the problem of the content of the legal definition of “personal data”. On the basis of the study, the author concludes that, due to its breadth, almost any information falls under the definition of personal data, which has a regulatory framework, which does not allow for adequate protection of the rights of the subject of personal data, in addition, may violate other rights guaranteed by law. The author shows that the flexible mode of personal data eliminates the need to establish an exhaustive list of them, which allows for the possibility of enshrining in the legislation the types of personal data subject to free circulation, including the definition of a list of cases of using personal data without obtaining the consent of the person concerned. When deciding whether to classify this or that information as personal data, the following algorithm is proposed: analysis of the provisions of sectoral legislation for listing information related to personal data; in the absence of such, an analysis of judicial practice in similar cases, the application of clarifications from Roskomnadzor and the Ministry of Digital Development; use of the identification method. It is substantiated that due to the ambiguous judicial interpretation of the category “personal data”, which in some cases does not coincide with the position of Roskomnadzor, it is necessary to develop common approaches to the interpretation of the norms of legislation on personal data by the highest court.