Legal problems of ensuring personal information security in the digital space

Introduction. In the context of the development of artificial intelligence technologies, Big Data, neural networks and widespread digitalization, an individual is expanding his / her capabilities in the digital space, but, at the same time, there are threats to his / her privacy, autonomy and information security. A person in the digital space becomes an object of exploitation and manipulation, which requires an adequate legal response. As a result, the legislative framework in the field of ensuring personal information security needs to be improved and new approaches must be developed. Theoretical analysis. In Russian and international law, there are problems with ensuring the information security of individuals in the digital space, such as ineffective protection of personal data on the Internet, the lack of adaptation of traditional legal institutions to the digital environment, the underestimation of the priority of protecting individual rights over the interests of technological development, etc. To effectively protect human rights and freedoms in the modern digital space, it is necessary to create a comprehensive system that includes legal and technical means of protection. Currently, there is no definition of “information security of individuals” in the Russian law, which creates legal uncertainty. The development and adoption of the Doctrine of Information Security of Individuals may be the solution to these problems. Еmpirical analysis. The legal problems of ensuring personal information security in the digital space include the problems of cybercrime, violations of privacy, the spread of false information (fake news), etc. The analyzed statistics from Yandex up to 2024 on applications for the right to oblivion show a fairly high number of refusals – 80%, which is due to the limited application of the law only to search engine operators whose activities involved the distribution of advertising aimed at Russian consumers. The improved legal norm in 2024 eliminated the inequality between search engine operators, demonstrated the greater effectiveness of the right to be forgotten, and improved the protection of Internet users’ rights. Results. The necessity of improving the current legislation in terms of ensuring personal information security in the digital space has been proved; a set of legislative proposals has been formulated, including the development and adoption of the Doctrine of Personal Information Security, legislative consolidation of the definition of personal information security, a comprehensive system of personal protection in the digital space, including legal and technical means.

personal information security, digital space, artificial intelligence, personal data, the right to be forgotten, blocking malicious information, cybercrime, fakes