THE RELEVANT SCIENTIFIC AND METHODOLOGICAL APPROACHES TO ENSURING FUNDAMENTAL HUMAN RIGHTS IN DATA PROCESSING IN PUBLIC ADMINISTRATION

АКТУАЛЬНЫЕ НАУЧНО-МЕТОДОЛОГИЧЕСКИЕ ПОДХОДЫ К ОБЕСПЕЧЕНИЮ ФУНДАМЕНТАЛЬНЫХ ПРАВ ЧЕЛОВЕКА ПРИ ОБРАБОТКЕ ДАННЫХ В ГОСУДАРСТВЕННОМ УПРАВЛЕНИИ

Talapina Elvira V. (), Yuzhakov Vladimir N. () and Chereshneva Irina A. ()
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Talapina Elvira V.: The Russian Presidential Academy Of National Economy And Public Administration
Yuzhakov Vladimir N.: The Russian Presidential Academy Of National Economy And Public Administration
Chereshneva Irina A.: The Russian Presidential Academy Of National Economy And Public Administration

Working Papers from Russian Presidential Academy of National Economy and Public Administration

Abstract: nforcing fundamental human rights is a constitutional obligation of the Russian Federation. In the digital age, the risks of human rights violations are increasing, making it increasingly relevant to implement a consistent state policy related specifically to data processing in public administration. The objective of this paper is to analyze the scientific and methodological approaches to enforcing fundamental human rights in data processing in public administration and the possibilities for consideration of human rights in the Russian public administration. The subject of the study includes scientific publications, court cases, international and national laws and regulations, including foreign countries. The study uses formal legal and historical legal methods, comparative legal method, method of legal interpretation, logical analysis, general scientific methods of classification and modeling. The results of the study are an analytical review of foreign and Russian scientific and methodological approaches to enforcing fundamental human rights in data processing in digital public administration; systematization of the basic legal grounds for enforcing fundamental human rights in data processing in public administration; the proposals for legal enforcement of fundamental human rights in data processing in the Russian public administration. The study allows drawing conclusions about the lack of attention in the Russian doctrine and practice to the issue of fundamental rights. Since Russian legislation in this area is based on the European model, the implementation of European approaches to data protection is recommended. It is necessary to create special legislation on data processing in public administration, to define the criteria for proper data processing and data storage, to differentiate the types of data collection and data processing, to ensure transparency. Based on advanced digital technologies, data processing rules in the public sector should be stricter and more transparent than in the private sector. The scientific novelty of the research is determined by insufficient regulation of data processing in public administration, where the constitutional function of enforcement and protection of fundamental human rights is not sufficiently regulated. Based on the results of the study, recommendations are to use the findings in the formation of an appropriate state policy to enforce fundamental human rights in data processing in the Russian public administration.

Keywords: Public administration; big data; data; personal data; digitalization; human rights; data processing; artificial intelligence; algorithm (search for similar items in EconPapers)
Pages: 47
Date: 2021-04
New Economics Papers: this item is included in nep-big and nep-cis
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