Соціально-правові студії (Sep 2024)
Personal data protection: Between human rights protection and national security
Abstract
This study aimed to ascertain the equilibrium between safeguarding citizensʼ personal data and maintaining national security in a digital world. The research analysed the regulatory frameworks and judicial practices of the European Union (EU), Ukraine, and the USA through several methodologies. EU regulation offers the most stringent personal data protection, with substantial penalties for infractions. Ukrainian legislation is progressively aligning with European standards; however, procedures for protection and liability require enhancement. The research indicated an increasing tendency in the utilization of artificial intelligence and big data technologies within national security, presenting new issues for safeguarding personal information from disclosure. The research investigated the ethical implications of utilizing such technologies and their potential effects on citizen privacy. The study examined global regulatory procedures, focusing on the European Court of Human Rightsʼ approach to balancing the objectives of safeguarding personal information and national security. The research identified the necessity to broaden the definition of personal data to include communal dimensions and indirect ramifications of data processing in the context of big data and the Internet of Things. This studyʼs findings underscore the importance of an interdisciplinary approach to personal data security, encompassing legal, technological, ethical, and social dimensions. The analysis presented a conceptual model for harmonizing the regulatory framework for the protection of privileged information, including contemporary technical problems and national security requirements. The research holds practical importance for enhancing regulations regarding personal data protection and can assist the formulation of information security plans
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