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Moral aspects of protection of personal data of individuals in international documents and judgments of the European court of human rights
(Міжнародний гуманітарний університет, 2020) Horielova, V.Yu.; Горєлова, Вероніка Юріївна
The article examines the moral aspects of personal data protection of individuals in international legal acts and decisions of the European Court of Human Rights, because personal data protection is a plane of the moral side of human existence, which is fundamental for the real ization of this person’s right to respect for private life. and family life. According to the provisions of national and international law, it is established that the category of “personal data” coincides in its understanding with the categories of “confidential information” and “personal information”. The article analyzes the international legal acts on the protection of personal data of individuals. A special provision is the provision according to which personal data indicating racial, political, religious or other beliefs, as well as data related to health. I or a person’s sexual life and those data relating to the criminal conviction of a person may not be subjected to automated processing if domestic law does not provide adequate guarantees for the protection of personal data. Also, the European Commu nity generally advises States to refrain from automated processing of personal data if appropriate data safeguards are not taken when storing such data in files to prevent accidental or unauthorized destruction or accidental loss of data and to prevent unauthorized access, alteration or alteration. dissemination of such information, and if there are no appropriate sanctions in the state in cases of violations of the provisions on personal data protection. The basic moral and legal principles and features on which the European Court of Human Rights is based in its decisions are revealed. Thus, the European Court in its decisions has established that a person may suffer non-pecuniary damage in the following cases: reasonable and unreasonable duration of data storage; violation of a person’s right to personal development, as well as the right to establish and develop relationships with other people and with the outside world; in cases of systematic or permanent accounting of personal infor mation, even in cases where such data may be contained in publicly available or other sources; in cases of collecting information about a person using a GPS device attached to his car and data about his location and movement in the public sphere. In view of the above