Open and Personal Data in Artificial Intelligence Systems: Legal Aspects
( Pp. 61-68)

More about authors
Ekaterina A. Sviridova
Financial University under the Government of the Russian Federation
Moscow, Russian Federation
Abstract:
The article discusses the legal issues of the use of open and personal data in the process of functioning of artificial intelligence technologies, analyzes the possibilities of applying the current legislation on personal data in blockchain systems. The purpose of the study is to establish and identify the features of the use of open data on the Internet and to develop proposals for the practice of applying data protection standards, taking into account the observance of the rights of users and copyright holders. Based on the analysis of the practice of data turnover, the author comes to the conclusion about the possibility of dividing data into public and private. The protection of private data is carried out through norms that prevent unfair competition, prohibit parasitism on someone else's business reputation, establish a ban on the disclosure of trade secrets and the right to privacy protection. The granting of public access status to open data depends on the type of open data. Data classified as open on the basis of a law or a decision of a state or municipal body may be freely used by third parties. The data, the openness of which is determined by the entity owning such data, in the case of their entry into the database created by such a subject, can be extracted and processed by third parties on the basis of an open license, the type of which can be determined by the copyright holder of the database. Based on a comparative analysis of the principles of information security used in blockchain technology and in the field of personal data protection, it is concluded that the possibility of applying the law on personal data in relation to blockchain technology depends on two elements: the nature of personal data and the subject responsible for their processing.
How to Cite:
Ekaterina A.S., (2021), OPEN AND PERSONAL DATA IN ARTIFICIAL INTELLIGENCE SYSTEMS: LEGAL ASPECTS. Economic Problems and Legal Practice, 6 => 61-68.
Reference list:
Anuchika Stanislaus. Les enjeux et d fis des infrastructures de donn es utilisant la blockchain selon l Open data institute, Laboratoire d innovation num rique, CNIL, 2 aout 2016 Elektronnyy resurs URL: https://linc.cnil.fr/fr/les-enjeux-et-defis-des-infrastructures-de-donnees-utilisant-la-blockchain-selonlopen-dat (data obrashcheniya: 14.12.2021).
James Smith, Jeni Tennison, Peter Wells, Jamie Fawcett, Stuart Harrison. Applying blockchain technology in global data infrastructure. Open Data Institute, 2016. Elektronnyy resurs URL: https://theodi.org/technical-report-blockchain-technology-in-global-data-infrastructure (data obrashcheniya: 14.12.2021).
Meshkova K.M. Disposition of the exclusive rights on the results of intellectual activity on the Internet // Intellectual property law. 2014. N 3. Р29-34.
Nagrodskaya V.B. On the importance of compatibility of free (open source) licenses and their fit to use in as part of blockchain technology // IP. Copyright and related rights. 2017. N 11. P. 39-55.
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Keywords:
open data, private data, database, artificial intelligence, personal data, blockchain.


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