Prospects for criminalizing the illegal trafficking of personal data: a critical analysis of the new draft law
Authors:
1.
Rossiyskaya akademiya narodnogo hozyaystva i gosudarstvennoy sluzhby pri Prezidente Rossiyskoy Federacii (Volgogradskiy filial)
Type:
Article
eLocation:
Status:
Published
Received:
05.11.2024
Accepted:
27.12.2024
Published:
13.07.2025
Language:
Russian
Keywords:
Personal data, illegal circulation of personal data, computer information, public danger, crime, criminal liability, amendments to legislation
Abstract (English):
Introduction. Currently, in the context of building an information society, there is an objective need to strengthen counteraction with the use of criminal law means to illegal circulation of computer information containing personal data. In the course of the study conducted by the authors, the results of which are presented in the article, the main directions of increasing the efficiency and prospects for improving the criminal law measures used to implement such counteraction were identified. In addition, general theoretical issues related to the social determination and criteria for criminalization of illegal circulation of information containing personal data are considered. Methods. In conducting the study, the authors used such general scientific and specific scientific methods as the general dialectical method of scientific knowledge, induction, deduction, analysis and synthesis, logical, systemic-structural, dogmatic, etc. Results. Proposals are formulated to amend and supplement the Special Part of the Criminal Code of the Russian Federation. The expediency of including Art. 137.1 in it, which would regulate liability for violation of the right to inviolability of personal data, is substantiated. The author's version of this article is presented, which increases the practical significance of the conducted research.
Introduction. Currently, in the context of building an information society, there is an objective need to strengthen counteraction with the use of criminal law means to illegal circulation of computer information containing personal data. In the course of the study conducted by the authors, the results of which are presented in the article, the main directions of increasing the efficiency and prospects for improving the criminal law measures used to implement such counteraction were identified. In addition, general theoretical issues related to the social determination and criteria for criminalization of illegal circulation of information containing personal data are considered. Methods. In conducting the study, the authors used such general scientific and specific scientific methods as the general dialectical method of scientific knowledge, induction, deduction, analysis and synthesis, logical, systemic-structural, dogmatic, etc. Results. Proposals are formulated to amend and supplement the Special Part of the Criminal Code of the Russian Federation. The expediency of including Art. 137.1 in it, which would regulate liability for violation of the right to inviolability of personal data, is substantiated. The author's version of this article is presented, which increases the practical significance of the conducted research.
Keywords:
Personal data, illegal circulation of personal data, computer information, public danger, crime, criminal liability, amendments to legislation
Personal data, illegal circulation of personal data, computer information, public danger, crime, criminal liability, amendments to legislation
