The concept of metadata and their constitutional protection

Abstract

Background. Social communication of each person is connected with the digital space as never before. Social networks, various electronic programs, platforms, channels are used for the constant exchange of data. Each file sent outside contains a significant amount of metadata, the systematization of which allows you to reveal significant secrets of a person’s private life. At the same time, the Russian legislation lacks the very concept of metadata, as well as the specifics of their constitutional protection. Objective – conduct a study of the category of “metadata”, highlight its features, features of constitutional protection applicable to the elements of the privacy of a person and a citizen. Materials and methods. Research problems were solved thanks to the scientific analysis of a wide range of sources devoted to the legal fixation of the concept of metadata. As a research method, a formal legal one was chosen, which made it possible to correlate the methods of protecting personal data and metadata. A comparative legal method was also used, which made it possible to identify the features of data protection in the European Union. Results. A general conclusion about the difficulties in fixing the forms and methods of protecting metadata, affecting the technological process of transmitting and processing information in the digital space, is presented. It is shown that there is no interest in special regulation of the protection of metadata, which allows them to be manipulated both for business purposes and in order to ensure the activities of law enforcement agencies. Conclusions. The article presents general conclusions about the lack of a unified practice of using metadata as procedural evidence. Metadata signs have been systematized, the necessity of introducing a special protection regime has been substantiated. The point of view is supported, aimed at the formulation of a special human right to data protection in the digital space.

Keywords

• metadata
• protection
• systematization
• information
• personal data
• privacy
• digital space