Determination of information about a physical person in composition the objects of civil laws by an international and national legislation

Abstract

In the article investigational and legal foundation of informative safety that is built on principles of fundamental distribution of all volume legally meaningful information on two kinds is studied: popular information and information with a limit access. The legal mode of information is called to guard information, free turnover of that can violate rights and interests of the state, society and individual, provide informative independence of private legal subjects in relationships with the state and inter se, co-ordinate a public requirement in freedom of information and right each on maintenance of secret.
 Turnover of information in society grounds for a conclusion about appearance of new type of public relations – informative, that is the object of the legal adjusting. In the conditions of scientific novelty of information as article of research, in default of high-cube of legislative and judicial practice legal science objectively can not have in the order deep cognitions in this industry.
 Most interest of theorists and practical workers is in recent year caused by the questions, related to the civil legal adjusting of informative relations, realization and protection of informative rights, researches of features of information as an object of civil legal relationships, subject composition and maintenance of informative legal relationships, principles of functioning of informative legal relationships.
 Importance of problems of realization of informative rights, in particular, inhibition, implementation and use of norms of informative legislation and especially – civil legal aspects of realization of informative rights, a specific of realization of informative rights in the field of the personal unproperty legal relationships is founding for realization of research within the framework of this article.
 In accordance with the item of 2 Laws of Ukraine «About the protection of the personal data» the personal information is information or aggregate of information about a physical person which is identified or can be concretely identified. Consequently, a legislator equates information about a physical person and it the personal information. For today, it is a certain problem, as development of informative society results in a volume, information about a physical person is more wide category, than the personal information.
 Among mizhnarodno-pravovikh documents which were accepted and directed on the protection of the personal data, it is possible to name:Recommendation of Advice of Organization on an economic collaboration and development, that touch the substantive provisions of defence of inviolabilityof private life and international exchanges the personal information from Septembers, 23, 1980; Convention of Advice of Europe «About defence ofpersons in connection with the automated processing of the personal data» ¹ 108 from January, 28, 1981; Directive of European parliament and Advice of ES in relation to processing of the personal data and defence of confidentiality in the sector of electronic communication (A directive is about confidentiality and electronic communication means) means from July, 12, 2002 ¹ 2002/58/ES.