Legal Regulation of Information Systems of Road Transport Telematics (Comparative Legal Research)

Abstract

The article is devoted to the study of such a new vector as the use of automotive telematics information systems, including the ones designed to meet the needs of state and municipal bodies, individuals and legal entities in access to telematic vehicle information. The authors identify two main approaches to improving legislation in the field of transport telematics: comprehensive regulation and “point-by-point” changes in legislation. Both approaches involve amendments to legislation, the elimination of gaps, including the definition of the legal regime of information generated in the process of using transport telematics, the creation of conditions that ensure the effective functioning of Autonet, the protection of personal data. The object of the study includes the legal acts of the Russian Federation regulating public relationships in the field of information systems for automotive telematics, in terms of the grounds and procedure for the creation, operation and use of such systems, including the collection, storage, processing and provision of data generated by vehicles, including odometers in use in the territory of the Eurasian Economic Union; requirements for cartographic support of automotive telematics information systems; foreign experience in the legal regulation of relations regarding the creation, operation and use of information systems for automotive telematics, as well as the legal regime for the information included in them. The aim of the work is to improve legal regulation and remove administrative barriers in order to ensure the implementation of the National Technology Initiative in the Autonet direction (clause 7 of the Action Plan (“road map”). The research methodological approach is composed of general and special methods of knowledge: philosophical, formal logical, system-structural, historical, formal legal analysis, dogmatic, interpretation of law, comparative legal method, and method of expert assessment. When applying the indicated general methods of scientific knowledge, certain special research techniques were utilized — such as structuring, describing, analyzing and synthesizing the results of work formulated on the basis of the analysis of regulatory legal acts of Russia and foreign countries. Suggestions and recommendations for improving Russian legislation in the field of motor vehicle information systems of telematics, the procedure for the creation, operation and use of the Russian service navigation and telematics platform, including in terms of collecting, storing, processing and providing data were introduced. The determination of the legal regime of information processed in motor vehicle information systems and the relevant rights and obligations of data operators were elaborated. Authors identified gaps and conflicts in the legal regulation of the sphere under consideration. Proposals for legal regulation of public relations in the field of motor telematics information systems introduced on the basis of the analysis of law enforcement practice will help to remove administrative barriers in order to use advanced technological solutions and to create incentives for their implementation, to develop the legal framework for the creation, operation and use of the Russian service navigation and telematic platform, which provides the formation of a national array of statistical and analytical data (big data) on wheeled vehicles, road infrastructure, behavioral patterns of drivers, and other information in the transport sector, as well as the establishment of a legal framework for the definition and activities of the specified platform operator.
For citation: Tereschenko L.K., Truntcevskiy Yu.S., Leschenkov F.A. Legal Regulation of Information Systems of Road Transport Telematics in Russia and abroad. Law. Journal of the Higher School of Economics, 2021, no. 5, pp. 167–191. (In Russ.). DOI: 10.17323/2072- 8166.2021.5.167.191.