“Do we need to recognize exclusive rights to databases?”— Tatiana Tereshchenko for Zakon.ru
Digitalization of the economy and regulation of new technologies is a new legal field to be formed. One of the most pressing issues is the problem of big data regulation. In this regard, the article of Alexander I. Savelyev "Directions of big data regulation and protection of privacy in the new economic realities" (Law, № 5, may 2018) is of great practical interest.
The peculiarity of the article is that it is devoted to the study of big data exclusively from the standpoint of personal data protection, intellectual property issues are not addressed in it at all.
In particular, on page 133, the author directly writes about "abstracting from civil aspects in the case of LLC "Double", although he refers to the decision of the court of first instance, which recognized the violation of the rights of LLC "Vkontakte" to the database as an object of related rights (now the case went on the second round).
With the conclusions of A.I. Savelyev and his general approach to the protection of personal data can, in general, agree. Its main idea is that even if users do not prohibit the processing of their personal data, they can not be collected and used for other purposes compared to those for which the user has posted data about themselves. The user must express his/her direct consent to this, but not in the form that is currently practiced in Russia (the presence of a written consent that most users sign without understanding their content), but in an accessible electronic form (for example, using icons that users can understand).