Personal Data as a Type of Confidential Information in the Context of Developing an Electronic State

Abstract

Introduction: The development of electronic state systems in many countries worldwide determines the relevance of the article. An electronic state processes large volumes of personal data, including special categories, biometric ones. The purpose of the study is to analyze the peculiarities of personal data processing within state and municipal information systems and to develop proposals for improving legal regulation in this area while minimizing information security risks.Materials and methods: The methodological basis of the study includes a systematic analysis of Russian and international legislation, as well as normative legal acts. The main results indicate that personal data have a dual legal nature, combining features of confidential information and professional secrecy. The study is based on materials from Russian and foreign legislation, as well as legal literature. The results of the study and their discussion: The dual nature of personal data has been identified: on the one hand, it constitutes confidential information that can be accessed with the owner’s consent, while on the other hand, it can be used without such consent, making it similar to information under secrecy regimes. It has been established that the greatest risks to information security and data processing within the framework of an electronic state arise during the creation and integration of state and municipal information systems. Legal, organizational, and technical measures to ensure information security have been analyzed, with an emphasis on the importance of their comprehensive application to mitigate threats.Conclusions: It has been noted that the development of a digital state requires the formation of a balanced legislative framework that simultaneously ensures the protection of personal data and takes into account the interests of the state, society, and individuals. Additionally, the necessity of international unification of personal data processing rules, particularly within the context of the Eurasian Economic Union, as well as the harmonization of relevant national legislations, has been highlighted.