Approaches to Legal Regulation of Information and Information Technologies in the Digital Age

 
Код статьиS278229070026355-6-1
DOI10.18254/S278229070026355-6
Тип публикации Обзор
Статус публикации Опубликовано
Авторы
Должность: Post-graduate student
Аффилиация: Center for Legal Research of Digital Technologies, GAUGN
Адрес: Российская Федерация, Moscow
Название журналаLaw & Digital Technologies
ВыпускТом 3 №1
Страницы41-44
Аннотация

This is a review of the session on Approaches to Legal Regulation of Information and Information Technologies in the Digital Age" Challenges”, which was part of the Postgraduate Legal Forum "Transformation of Russian Law: Trends, Benchmarks, Solutions", organized by the State Academic University for the Humanities, GAUGN (Russia, Moscow, June 14, 2023). The main topics for discussion were personal data protection, fintech, and the challenges of regulating artificial intelligence. The session participants noted the need for coordinated work by the academic community, legislature, and agencies to develop consistent legal regulation for new digital technologies that meets the current interests of citizens, businesses, and the state.

Ключевые словаdata protection, fintech, digital currencies, central bank digital currencies, artificial intelligence
Получено25.06.2023
Дата публикации05.07.2023
Кол-во символов17083
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Within the framework of the Postgraduate Legal Forum "Transformation of Russian Law: Trends, Benchmarks, Solutions", organized by the State Academic University for the Humanities (GAUGN) with the support of the Institute of General History of RAS, the Federal Chamber of Lawyers of the Russian Federation, the All-Russian public organization "Business Russia" and Russian law firm «Innopravo», held on June 14, 2023, the session "Approaches to Legal Regulation of Information and Information Technologies in the Digital Age" took place. The session was moderated by Head of the Center for Legal Research of Digital Technologies, Doctor of Law, Professor L.V. Sannikova, Senior Researcher of the Academy of Management of the Russian Ministry of Internal Affairs, Doctor of Law, N.V. Kovaleva, Deputy Dean of the Faculty of Law, PhD D. Mazaev. The conference presenters and participants discussed issues related to the legal regulation of information and information technologies in the digital age, such as identity, personal data transmission, digital currencies, decentralized autonomous organizations, neural networks, smart contracts, investment platforms and others. 

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Dr. N.V. Kovaleva began the session reporting the reconstruction of the structure of legal relations, their trends and prospects in the context of digitalization. The speaker noted that for many millennia in law the structure of legal relations is being reconstructed and, more specifically, its basic element - the subject. If the formation of the subject areas only partially affects the effectiveness of legal regulation, the incorporation into legal relations of a subject who does not have the necessary properties / characteristics, at a minimum, does not allow the participants of legal relations to exercise their rights and, therefore, have responsibilities. In the majority of cases the consequence of this is uncontrolled management models, destruction of already formed connections (especially in the industrial sector of economy), impossibility to protect one's rights both for an individual and for an economic entity, and the main thing - impossibility to build an effective legal regulation. The speaker used specific examples to illustrate the mechanisms of minimizing the above mentioned consequences, and suggested the principles of developing the NLA, where the role of the government institutions will be objectively strengthened, and a model will be built to balance the interests of the subjects involved. The regulation of relations applying algorithms should become a priority, capable of developing a conceptual approach to streamline most spheres of social life, a significant part of which takes place in the digital space. Theoretical constructions with interdisciplinary developments can minimize the existing adverse effects, create the basis for technological breakthroughs and competitive economy.

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D.Y. Sapronov, post-graduate student of the Law Department of the Institute of Economics, Management and Law, Moscow City Pedagogical University, made a presentation on "Features of Identification of Individuals in the Digital Economy". He claimed that global digitalization has led to the fact that various electronic services have firmly entered people’s lives, and even the identification of physical persons in them takes place in digital form. The speaker substantiated how the rapid development of big data and artificial intelligence technologies and the wide application of the above mentioned new technologies have a great impact on the sphere of personal data processing, so the issue at hand is more relevant than ever and the conclusions are practically applicable and important.

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A.E. Stepanova, post-graduate student of the Department of Information Law and Digital Technologies of O.E. Kutafin Moscow State Law University (MSLU), presented a paper on "Building Effective Practices for Management of Personal Data Collected by Unmanned Vehicles". Advancing knowledge in the field of artificial intelligence through interdisciplinary research may help get closer to the necessary level of technological independence and economic security of the state. The increased efficiency, scalability and transparency of artificial intelligence-based solutions enable their application in almost all spheres of life, impacting human well-being on a global scale. One of the most promising areas, where the capabilities of artificial intelligence systems are widely used, is the development of unmanned transport. The underlying idea here is the admissibility of transferring driver skills to cars in order to minimize the risk of road accidents caused by the human factor. The speaker suggested that the creation and commissioning of unmanned vehicles, as an advanced road technology capable of bringing about structural changes in the economy will transform traditional notions of comfort, functionality and safety.

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I.A. Tereshchenko, post-graduate student of the Center for Legal Research of Digital Technologies, GAUGN, made a report on "Legal problems of personal data transfer to third parties to improve artificial intelligence technologies". The report outlined with the problematic aspects of the transfer of personal (private) data to the developers of systems using artificial intelligence (AI) technologies. The talk described cases where personal data is collected by government agencies or private companies and then transferred in the form of datasets to the developers of artificial intelligence systems. The importance and necessity of such use of data in the digital economy is related to the fact that data is a key element for creating and training effective artificial intelligence systems, without which it is impossible to create reliable and accurate AI models. In today's reality, making data available to the developers of AI systems - who are essentially third parties - raises concerns, mainly because of the risks of leakage and the lack of reliable protection against the possibilities of subsequent de-identification. As measures to solve this problem, the speaker suggested a clear and understandable approach to the legal regime of personal data as a civil object. Also, to increase the confidence of citizens it was stated the need to strengthen the information security measures when transferring personal data to third parties, including the developers of AI, for which, because of their special status, the higher requirements should be set for the processing of personal data. During the discussion participants have come to the understanding that the transparency of the transmission, processing and storage of personal data could be enhanced by mechanisms to track personal data processing consents (special technological platform), as well as informing citizens about the fact of their data processing performed on other grounds of the Law on personal data.

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