Current Problems of Using Personal Data in Media Activities
https://doi.org/10.25205/1818-7919-2021-20-6-145-155
Abstract
Personal data is a complex and multi-component term that reflects all the contradictions in the development of information technologies and their impact on the lives of citizens. In the current circumstances, the activities of the media are influenced by the changing personal data regulation, and the work of journalists in the field of getting, processing, and dissemination of information is complicated. The article analyzes the specifics of the use of personal data in media materials. An analysis of judicial practice shows that in the conditions of legislation on personal data, the media is able to carry out professional activities and protect their rights, however for effective work, editorial staff needs legal knowledge in the field of working with personal data.
New legal expertise is required from journalists. Firstly, it is necessary to correctly understand the essence of the term personal data as a collection of information identifying a particular person. At the same time, it is important to take into account possible combinations and security of personal data.
Secondly, the nature of the information to publish is important. For example, if the dissemination of personal data is carried out when highlighting a problem of public interest. This principle avoids depersonalization of important information but requires conscientiousness and good faith in the preparation of material. However, the reality is that in each case the understanding of the public interest of journalists does not always coincide with the understanding of the courts.
Thirdly, it is crucially important to know how information was obtained and to assess the validity of the actions of journalists and sources in obtaining and transmitting information adequately. If the information is placed on public information resources following the current legislation, it is a legitimate source of information. This applies to information prepared by the press services of state organizations and departments, press releases posted on the websites of state authorities, information, disclosure, and publication of which is carried out in accordance with federal laws. Obtaining consent to disseminate information about a person from this person is also one of the most important rules that journalists, especially beginners, often forget about. Sometimes this is enough to avoid possible legal claims. The identity of the personal data subject who has become the object of journalistic material and its socio-professional status are also significant facts.
About the Author
A. G. DonskikhRussian Federation
Candidate of Philological Sciences, Associate Professor, Department of Theory and Practice of Mass Communication Institute of Philology, Journalism and Intercultural Communication,
Rostov on Don
References
1. Bachilo I. Personal’nie dannie v sfere biznesa [Personal Data in the Field of Business]. Zakon [Law], 2002, no. 12, p. 26–27. (in Russ.)
2. Donskikh A. G. Zhurnalistika i noveishie media v aspekte prava, deontologii i mediaobrazovania. Novie realii [Journalism and the Latest Media in the Aspect of Law, Deontology and Media Education. New Realities]. Rostov on Don; Taganrog, SFU Press, 2020, 123 p. (in Russ.)
3. Kopylov V. A. Informazionnoe pravo [Information Law]. Textbook. 2nd ed. Moscow, Yurist, 2002, 512 p. (in Russ.)
4. Malenina M. N. Lichnie neimushestvennie prava grazhdan: poniatie, osushestvlenie, zashita [Personal Non-Property Rights of Citizens: Concept, Implementation, Protection]. 2nd ed. Moscow, 2001, 244 p. (in Russ.)
5. Minbaleev A. V. Problemi obrabotki personal`nih dannih jurnalistami i SMI [Problems of Personal Data Processing by Journalists and the Media]. Bulletin of the Ural Federal District. Security in the Information Sphere, 2012, no. 2 (4), p. 25–30. (in Russ.)
6. Naumov V. B., Arkhipov V. V. Poniatie personal’nykh dannykh: interpritatsia v usloviakh razvitia informatsionno-kommunikatsionnykh tekhnologii [The Concept of Personal Data: Interpretation in the Context of the Development of Information and Communication Technologies]. Russian Juridical Journal, 2016, no. 2, (107), p. 186–196. (in Russ.)
7. Saveliev A. I. Problemy primenenia zakonodatel’stva o personal’nykh dannykh v epokhu “Bol’- shikh dannykh” [Legal Issues of Personal Data Protection in the Era of “Big Data”]. Pravo. Jurnal Vishey shkoli ekonomiki [Law. Journal of the Higher School of Economics], 2015, no. 1, p. 43–66. (in Russ.)
8. Talapina E. V. Zashchita personal’nykh dannykh v tsifrovuyu epokhu: rossiyskoe pravo v evropeyskom kontekste [Personal Data Protection in the Digital Age: Russian Law in the European Context]. Proceedings of the Institute of State and Law of the RAS, 2018, vol. 13, no. 5, p. 117–150. (in Russ.)
9. Zvereva E. A. Pravovoi rezhim informatsii v otnosheniakh s uchastiem subektov predprinimatel’skoi deyatel’nosti [Information Regulations in Relations with the Business Entities]. Moscow, Yustitsinform, 2008. (in Russ.)
Review
For citations:
Donskikh A.G. Current Problems of Using Personal Data in Media Activities. Vestnik NSU. Series: History and Philology. 2021;20(6):145-155. (In Russ.) https://doi.org/10.25205/1818-7919-2021-20-6-145-155