DATA PROCESSING IN THE INTERESTS OF PROVIDING PROACTIVE PUBLIC SERVICES: PROSPECTS FOR LEGAL REGULATION

Abstract

Ensuring fundamental human rights is a constitutional duty of the Russian state. In digital age the risks of human rights violations are increasing, which is gained newfound relevance of the need to implement a consistent state policy, especially with data processing in providing public services in a new proactive mode. The objective of this paper is to analyze legal regulation and develop a legal framework of data processing in the interests of providing proactive public services. The subject of the study is scientific publications, international and national laws and regulations, including foreign countries. The study is used formal legal and historical legal methods, method of legal interpretation as well as comparative legal method and statistical methods. The results of the study are the author's concept and typology of proactive public services, an assessment of the regulatory competence of bodies providing proactive public services, proposals for the application of the theory of informational self-determination in the context of providing proactive public services, proposals for the differentiation of legal regimes of personal data and big data processing for providing proactive public services, and what is more, legal analysis findings of data security used in proactive public service delivery. The main result of the study is a legal framework of data processing that responds to both the active intentions of a body providing a service and the subjective rights of an applicant who is a data owner. The study allows for the conclusion about the insufficient enshrinement in national legislation of the proactive public service delivery mode implemented in practice, which, meanwhile, has significant differences from the reactive mode previously implemented into the legislation. Particularly important differences relate to personal data processing and the enshrinement of general requirements for proactive public services. It is necessary to promptly develop the regulatory framework based on principles address both the rights to personal citizen data and the possibility of the state to obtain it in order to establish a regular state function to provide public services in a new format. The scientific novelty of the research is determined by the lack of regulation of the public service delivery process in the proactive mode as well as the lack of empirical research of conceptual framework of the process. Based on the results of the study recommendations are to use the findings in the formation of an appropriate regulatory framework and state policy in digital public administration and data processing in the provision of proactive public services.

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