Big Data: Problems of Defining the Civil Law Regime

Abstract

Big data has significant potential value at the present stage, but its civil law regime remains uncertain. Today, big data technologies are inextricably linked with artificial intelligence technologies. In addition, it is impossible to determine the specifics of the legal regulation of the studied relations without solving such an aspect of the problem as the protection of personal non-property rights, since it is information about a person, their preferences, their personal data that acquires independent significance. Difficulties in identifying the features of big data as an object of civil rights are due to the fact that they include not only various types of information, but also technological solutions aimed at its collection, storage, processing and analysis. Based on the conducted research of regulatory sources, judicial practice and doctrine, it can be concluded that the exercise and protection of rights to big data is possible within the framework of relations developing over the results of intellectual activity, in connection with which the use of information included in big data and its processing can be carried out on the basis of license agreements with the copyright holder. If the information obtained as a result of the use of big data technologies is transmitted on the basis of the analysis of the information contained in them, then we can talk about the conclusion of a contract for the provision of services for the provision of information. When determining the civil law regime of big data, it is necessary to maintain a balance of public and private interests. When exercising the rights to big data, the rightholder must respect the personal non[1]property rights of persons whose information eventually forms a large amount of data, including ensuring the confidentiality of personal data, and in case of their dissemination, obtain the consent of the user in accordance with the procedure established by law.