Rights of personal data subjects as a component of information human rights

Abstract

In the preamble to the Constitution, Ukraine proclaimed its course towards European integration, which, in particular, includes cooperation in the field of information human rights protection - protection of personal data on the basis of approximation of national legislation to the strictest EU regulations.The article analyzes the concept of information human rights in the context of the rule of law, especially in the period of digital transformation. The main focus is on the actual enforcement of citizens’ rights and freedoms, including information rights. The article analyzes the state of research in the field of information law, in particular, the concepts of “information rights”, “rights to information”, “information freedoms”, as well as approaches to understanding information rights from the standpoint of various branches of law. The authors come to the conclusion that there are studies of the content of the relevant categories, but there is no study of the rights of data subjects themselves. The article examines the content of human information rights as a component of the legal status of a person in the State on the example of legal regulation of protection of the rights of personal data subjects in Ukrainian legislation and in the legal provisions of the European Union. When comparing the content of legal approaches to the regulation of common ideas in the presence of similar lexical constructions, the differences are revealed in the “spirit” of legal regulation: the European approach is characterized by anthropocentricity, human interests are the priority of regulation, and the grounds for exercising many of the rights of data subjects are their will, unlike national legislation, where the grounds for the emergence and exercise of some rights of personal data subjects are the facts of violation of other rights of these subjects.
 The article contains an analysis of the existing categories in the field of information rights, and provides a detailed analysis of the content of the elements of the concept of “personal data”, in particular, the concepts of: “human identification”, “identifiers in real life” and “identifiers in digital space”. The study suggests that the transformation of Ukrainian legislation in the field of personal data protection is still ongoing, which opens the way for further research in this area.