Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

History of the formation and development of regulatory and scientific principles of information about an individual as a subject of civil rights

Author(s): Andriy Butenko, Vladyslav Teremetskyi, Lesia Bilovus, Oksana Homotiuk, Valentyna Vasylenko, Tetyana Fedorenko

The authors of the article have clarified the genesis of legislation and the position of scholars in regard to the information about a person as an object of civil rights. It has been stated that the emergence of civil legal relations in the field of personal information became possible due to the adoption of the Law of Ukraine “On Information” (1992), which enshrined the definition of information, its regimes (with open and restricted access), and distinguished between “information” and “a document”. It has been proved that the first civil definition of information as an object of civil rights was enshrined in the Civil Code of Ukraine (2004). The term of “personal information” was first used in the Law of Ukraine “On the Basic Principles of Information Society Development in Ukraine for 2007-2015” (2007). The system of normative and legal regulation of personal information has been formed in Ukraine after a while. It has been emphasized that the process of legal regulation of relations regarding personal information is not exhaustive and continues to be developed. It is confirmed by the lack of definition and content of information about a legal entity. It has been established that information is a multifaceted category and is considered by different sciences. The authors have characterized two positions in regard to information about a person: administrative (information about a person as an object of property rights) and civil (information about a person as an intangible benefit). It has been concluded that personal information is an independent type of information that is part of the system of intangible benefits. This information is divided into two groups: information about an individual and information about a legal entity. There are personal non-property, property rights regarding information, which have an exclusive, monopolistic nature.

Get the App