Characteristics of Legal Regimes of Big Data

Характеристика отдельных правовых режимов больших данных (Big Data)

Leskina, E. I. (Лескина, Э. И.) ()
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Leskina, E. I. (Лескина, Э. И.): National Research University Higher School of Economics

Theoretical and applied law, 2025, issue 1, 102-116

Abstract: Introduction. The processes of digitalization of various relations, the transition to the data economy raise questions related to the transformation of the current legal regulation by developing new and optimizing existing legal regimes in the field of data. Of particular importance are the relations in which big data is processed or circulated. Methodology and materials. The purpose of the article is to study various types of legal regimes of big data, especially generally permissive, permissive and binding, and to determine the directions of development of legislation in relation to various types of legal regimes of Big Data. When writing the article, both general scientific and specific methods were used - analysis and synthesis, induction and deduction, systematization, comparative legal, historical methods. Results of the study and their discussion. Based on the legal understanding of the term “data”, big data should be understood as information. However, issues related to ensuring the circulation of big data, protecting human rights also arise in connection with the use of algorithms, invasion of privacy, and infringement of certain rights. From the point of view of the formation of legal regimes of big data, it is more convenient to separate big data as an array and as a technology. One of the elements of the content of the legal regime are legal means. Depending on the dominance of certain types of legal means, legal regimes of big data can be divided into generally permissive, permissive and mandatory. In each legal regime, similar means of legal regulation can accumulate both in relation to individual types of data and depending on the nature of the relations developing regarding their circulation or processing. Conclusions. The directions for the development of the generally permissive legal regime of big data are determined in terms of the need for clear regulation of the processing of data that are not limited in circulation. With regard to the permissive regime, the criteria for determining the good faith use of training data are identified. In the sphere of the binding legal regime of data, the issues of ensuring information security are considered. The study of types of legal regimes will allow us to determine possible directions for changes in domestic legislation in areas related to the processing and circulation of big data and the use of Big Data technology.

Keywords: big data; personal data; intellectual property; legal regime; digitalization; data economy; information security (search for similar items in EconPapers)
Date: 2025
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