{"title":"公民个人资料及其在现行行政法理论中的分类","authors":"A. Tsomenko","doi":"10.17721/1728-2217.2023.53.41-45","DOIUrl":null,"url":null,"abstract":"The paper is dedicated to issues on determination of citizens' personal data, and classification of its in current doctrine of Administrative Law. There is stressed, the search of the model of legal mechanism of relationships of personal data protection regulation has place in the domestic legal science. This model should agree with international legal standards and guarantee an effective protection of human and citizen rights and freedoms. As a result, it has to become a part of implementation of the national legal system in European legal field. There is outlined, the administrative and legal provisions of relationship on personal data circulating and processing provides an effect on relationship of legal means with administrative and legal features. An analysis of doctrinal definitions demonstrates a versatility of the definition of personal data. The social and legal nature is reflected in it. There is identified, personal data is any information in objective form which provides possibility to determine its information source, and related to a subject of data. The subject of personal data is an identified or such who can be identified natural person (citizen), in relation to whose public authorities and other authorized subjects are endowed with subjective obligation of providing appropriative level of organizational and legal safety and protection. There is emphasized, citizen personal data have such signs as: informational content i.e., on the point of view of majority scientists, personal data are information or set of information (including any information) about a person; identifying feature; fixed form and reflection in specific source (data carriers); inexhaustibility; acquire the legal regime of personal data when personal data processing starts i.e., any action or set of such actions as collection, registration, accumulation, saving, adaptation, changing, renovation, use and spread (distribution, implementation, transfer), depersonalization, utilization, including use of information (automatized) systems. Taking into account the analysis of legal nature of personal data on the point of view of the Administrative Law, doctrinal approaches, and international and legal regulation, we can suggest to separate personal data into the following groups, using criteria of their content and level of established \"availability\". These groups are: general (or publicly available), special, and biometrical. At the same time, biometrical personal data include genetical data about a person, and data related to the health or medical data of citizens.","PeriodicalId":33822,"journal":{"name":"Visnik Kiivs''kij nacional''nij universitet imeni Tarasa Sevcenka Istoria","volume":"56 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Citizens' personal data, and its' classification in current doctrine of administrative law\",\"authors\":\"A. Tsomenko\",\"doi\":\"10.17721/1728-2217.2023.53.41-45\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The paper is dedicated to issues on determination of citizens' personal data, and classification of its in current doctrine of Administrative Law. There is stressed, the search of the model of legal mechanism of relationships of personal data protection regulation has place in the domestic legal science. This model should agree with international legal standards and guarantee an effective protection of human and citizen rights and freedoms. As a result, it has to become a part of implementation of the national legal system in European legal field. There is outlined, the administrative and legal provisions of relationship on personal data circulating and processing provides an effect on relationship of legal means with administrative and legal features. An analysis of doctrinal definitions demonstrates a versatility of the definition of personal data. The social and legal nature is reflected in it. There is identified, personal data is any information in objective form which provides possibility to determine its information source, and related to a subject of data. The subject of personal data is an identified or such who can be identified natural person (citizen), in relation to whose public authorities and other authorized subjects are endowed with subjective obligation of providing appropriative level of organizational and legal safety and protection. There is emphasized, citizen personal data have such signs as: informational content i.e., on the point of view of majority scientists, personal data are information or set of information (including any information) about a person; identifying feature; fixed form and reflection in specific source (data carriers); inexhaustibility; acquire the legal regime of personal data when personal data processing starts i.e., any action or set of such actions as collection, registration, accumulation, saving, adaptation, changing, renovation, use and spread (distribution, implementation, transfer), depersonalization, utilization, including use of information (automatized) systems. Taking into account the analysis of legal nature of personal data on the point of view of the Administrative Law, doctrinal approaches, and international and legal regulation, we can suggest to separate personal data into the following groups, using criteria of their content and level of established \\\"availability\\\". These groups are: general (or publicly available), special, and biometrical. At the same time, biometrical personal data include genetical data about a person, and data related to the health or medical data of citizens.\",\"PeriodicalId\":33822,\"journal\":{\"name\":\"Visnik Kiivs''kij nacional''nij universitet imeni Tarasa Sevcenka Istoria\",\"volume\":\"56 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Visnik Kiivs''kij nacional''nij universitet imeni Tarasa Sevcenka Istoria\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17721/1728-2217.2023.53.41-45\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Visnik Kiivs''kij nacional''nij universitet imeni Tarasa Sevcenka Istoria","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17721/1728-2217.2023.53.41-45","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Citizens' personal data, and its' classification in current doctrine of administrative law
The paper is dedicated to issues on determination of citizens' personal data, and classification of its in current doctrine of Administrative Law. There is stressed, the search of the model of legal mechanism of relationships of personal data protection regulation has place in the domestic legal science. This model should agree with international legal standards and guarantee an effective protection of human and citizen rights and freedoms. As a result, it has to become a part of implementation of the national legal system in European legal field. There is outlined, the administrative and legal provisions of relationship on personal data circulating and processing provides an effect on relationship of legal means with administrative and legal features. An analysis of doctrinal definitions demonstrates a versatility of the definition of personal data. The social and legal nature is reflected in it. There is identified, personal data is any information in objective form which provides possibility to determine its information source, and related to a subject of data. The subject of personal data is an identified or such who can be identified natural person (citizen), in relation to whose public authorities and other authorized subjects are endowed with subjective obligation of providing appropriative level of organizational and legal safety and protection. There is emphasized, citizen personal data have such signs as: informational content i.e., on the point of view of majority scientists, personal data are information or set of information (including any information) about a person; identifying feature; fixed form and reflection in specific source (data carriers); inexhaustibility; acquire the legal regime of personal data when personal data processing starts i.e., any action or set of such actions as collection, registration, accumulation, saving, adaptation, changing, renovation, use and spread (distribution, implementation, transfer), depersonalization, utilization, including use of information (automatized) systems. Taking into account the analysis of legal nature of personal data on the point of view of the Administrative Law, doctrinal approaches, and international and legal regulation, we can suggest to separate personal data into the following groups, using criteria of their content and level of established "availability". These groups are: general (or publicly available), special, and biometrical. At the same time, biometrical personal data include genetical data about a person, and data related to the health or medical data of citizens.