Data processing on digital platforms: topical issues of improving legislation and practice

Abstract

The article is devoted to the analysis of current legal problems arising in the process of collecting, using and distributing users’ personal data of modern digital platforms. The paper emphasizes that the issue of protecting user data has a significant legal component and allows to take a fresh look at the usual concept of privacy and the content of the right to privacy. On the example of the property of the network effect of digital platforms, the interest of users in building up large arrays of user data by platforms is substantiated and a conclusion is made about the key role of the authority to control the volume and fate of the information collected about a person in the content of the right to privacy. Based on the experience of the European Union, the author substantiates the need to regulate in domestic legislation the system of requirements for the basic and subsequent settings for the confidentiality of digital services, the acts for designing the protection of personal data by operators who process such information. In addition to this, the author highlights advantages of legal regulation of the procedures for transferring data between digital platforms and exercising the right to be forgotten. As conclusions, recommendations are formulated aimed at developing transparency in the procedures for collecting personal data by platforms, countering parsing and leakage of personal data, as well as deformalizing the dissemination of personal information based on the concept of open data.