On the Legal Definition of “The Information Security of the Person”

Abstract

The effective development of modern Russia is influenced by such global processes as integration and unification of information relations. The information Society development must be accompanied by the improvement of the system of state guarantees of observing constitutional human and civil rights in the IT sphere. One of the measures necessary to ensure the implementation of these rights is to maintain the necessary level of information security. Uncertainty and ambiguity of the content of the legal rules governing relations in the information sphere is a significant legal barrier to information security of the person Thus, there is no definition of the term "safety" in legislation. The attempt of the legislator to define the concept of "information" is again considered to be unsuccessful. The information safety doctrine provides for dividing national interests in the IT sphere into such elements as interests of the person, interests of the society and interests of the state. The analysis of the definitions of the concept "information safety of a person" proposed by scholars has revealed the absence of any unified approach. It is established that the definition closest in meaning to "information security of the person" that is embodied in legislation is the definition of "information security of children". On the basis of the research the author has coined his own definition of "information security of the person" that can be employed by the existing legislation and used as the basis for further theoretical study of such elements as information and technology safety, information and ideology safety, information and psychology safety, information and law safety.