Realization and protection of personal non-property rights in the conditions of digitalization and European integration

Abstract

The article analyzes international acts and national legislation that establish personal non-property human rights as the highest social value, as well as legal guarantees for the exercise and protection of these rights. The aim of the work is to outline the transformation of personal non-property rights in the context of digitalization and European integration, in particular, regarding the use and protection of personal data that are directly related to the fundamental rights of person and citizen. The methodological basis of the study is the comparative legal method, through which a comparative analysis of international and domestic legislation was carried out, the method of analysis and synthesis, induction and deduction, generalization, which revealed the features of classical personal non-property rights and non-property rights caused by the process of digitalization, as well as the formal-legal method, which allowed us to objectively outline the essence of personal non-property rights at the theoretical and practical levels, including the exchange of personal data in civil circulation. It is proven that the separation of personal non-property rights into a separate type, which differs from their classical form, is due to digitalization. Proposals for amendments to the Civil Code of Ukraine to expand the list of objects of civil rights and include new objects, including such as personal data, as well as regulatory regulation of contractual relations arising from personal non-property objects, which, having received an objectified form, have acquired signs of turnover, are welcomed. In this regard, it is worth enshrining in the codified act the norms defining personal data as an “intangible good that is an object of personal non-property law” and a “tradable object of civil rights.” In addition, it has been proven that the provisions of the Law of Ukraine “On the Protection of Personal Data” comply with the norms of the Constitution of Ukraine, the Universal Declaration of Human Rights, the European Convention on Human Rights, as well as the provisions of Regulation (EU) 2016/67 of the European Parliament and of the Council of 27 April 2016 and Directive (EU) 2019/770 of 20 May 2019, the key provisions of which define the rules for the use of personal data and the contractual regulation of the relationship regarding the provision of personal data in exchange for digital content or a digital service.