The main subject of legal technology for ensuring the security and protection of personal information in the global information space should be recognized as the subject of personal data itself [1]. This is the person who initially "owns" personal data, that is, the person whose information will be considered personal, personal information, and its protection should be provided by the law.
Despite the fact that both in international law and in national legal systems, there is, in general, a relatively similar understanding of the main characteristics of the status of this subject of legal relations, there are some peculiarities and divergent trends in the content of legal personality in this case as well.
First of all, and this is immediately obvious to the researcher, various legal techniques are used in the acts to create the required categorical construction.
Thus, the most well - known and relatively detailed international act in this area is Regulation of the European Parliament and of the Council 2016/679 "On the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (General Data Protection Rules)" of April 27, 2016 [2] - it does not offer us a direct definition of the subject of personal data, however, the act means by an identifiable natural person a person who can be identified directly or indirectly, in particular, 1) by referring to an identifier, such as a first name, last name, identification number, location data, online identifier, or 2) one or more physical, physiological, genetic, spiritual, economic, cultural factors characteristic of the specified person, or 3) referring to social identity factors.
The national legal systems look at the matter in a slightly different way.
Thus, the Law of Ukraine "On the Protection of Personal Data" in article 2 calls the subject of personal data an individual whose personal data is processed, however, in addition to processing, data can be provided, stored, transferred, protected, etc., therefore, the approach proposed by the Ukrainian legislator is initially extremely narrow.
Accordingly, we believe that the subject of personal data is characterized by two characteristics: their relevance to a certain individual and the potentially possible (or produced) identification of such a person due to (through) personal data about him.
For the purpose of a uniform understanding of this term, we believe it is possible to propose a rule of international law, according to which the subject of personal data can be defined as an individual whose identification is possible due to "personal data in circulation".
List of sources used:
1. Maksurov A. A. Coordination legal technologies in the countries of Europe. M., Infra-M, 2019. - 456 p.
2. Regulation of the European Parliament and of the Council 2016/679 "On the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (General Data Protection Rules)" of 27 April 2016 // https://ogdpr.eu/ru/gdpr-2016-679
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