The Legal Regime of Protection of Big Data as Part of Artificial Intelligence Systems


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Abstract

The article explores the concept of big data in order to determine their place in the system of objects of civil rights, discusses the legality of the use of big data in the process of their processing by artificial intelligence, anonymized and pseudonymized data, as well as problems related to the need to obtain consent to the processing of the latter. The conclusion is made about the difficulty of applying some classical principles of data processing when using artificial intelligence. Conducting a comparative analysis of the big data system and the database, it is concluded that it is impossible to apply the legal regime of protection of the database as an object of related rights in relation to big data, if such data were the accidental result of the main activity of the organization. In order to recognize big data as an object of related rights, it is necessary that substantial investments be made precisely for the purpose of creating a big data database. This thesis is justified by the economic inexpediency of establishing a monopoly on individual databases of big data in order to prevent restrictions on competition and abuse of a dominant position in the market. It is proposed to apply such categories as reliability, completeness, comprehensiveness, consistency and independence to big data.

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About the authors

Ekaterina A. Sviridova

Financial University under the Government of the Russian Federation

Email: esviridova@fa.ru
Cand. Sci. (Law), Associate Professor of the Department of legal regulation of economic activity of the Faculty of Law Moscow, Russian Federation

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