PROTECTION OF PERSONAL DATA IN THE ERA OF DIGITALIZATION: CONSTITUTIONAL AND LEGAL ASPECT

Abstract

The article is devoted to the study of the constitutional and legal foundations for the protection of personal data in the era of global digitalization. The authors conducted a comparative legal analysis of international acts and modern Kazakhstani legislation regulating, first of all, constitutional rights to the protection of private life, including the right to family and personal secrets; as well as the right to secrecy of personal savings and deposits; the right to privacy of correspondence, including telephone conversations, telegraph and postal messages, and the like. This article presents international legal and national instruments that guarantee the provision and protection of the right to privacy in the era of global digitalization, and also analyzes the legislative guarantees of non-interference in private life (including guarantees of protection from surveillance of private life, and guarantees non-dissemination of information about it). The article substantiates the need to introduce appropriate measures and tools to effectively protect personal data in the process of their collection, accumulation, use on automated database servers from accidental or unauthorized access, modification/destruction, or leakage or distribution. In addition, the article analyzes questions about the need to expand the conceptual apparatus of constitutional law; the formation of new terminological systems that would cover the entire process of informatization and digitalization in relation to constitutional and legal institutions in the field of personal data protection. Based on the results of the analysis, the authors formulated problematic areas of constitutional and legal recognition and legal protection of personal data. Some proposals were also formulated to improve the national legislation in relation to privacy and an attempt was made to comprehend a new set of concepts in the constitutional and legal sphere associated with the digitalization of legal relations and, in general, with the emergence of a digital legal space and the expansion of digital rights.