State Control in Personal Data Protection

Abstract

The article is devoted to the most topical problems arising while applying personal datalegislation performing state control over observing requirements and the analysis ofjudicial practice including the protection of personal data of minors. The requirementsregarding personal data protection are examined in terms of ensuring the balance ofinterests of personality, society and business organizations, which supposes the balance,relevance and feasibility of the requirements including the requirement to guaranteethe adequate protection of personal data. Legal and technical requirements to protectpersonal data, the rights of legal persons and judicial interests of legal persons should bebalanced and sufficient not to impede the development of market and to avoid the violationof the interests of the subjects of personal data. The author has shown that the measuresof control usually target the observation of the data protection related to citizens, theobservation of the information protection but not the observation of the rights of citizenswhile processing personal data. The paper examines the general tendencies in thedevelopment and improvement of state control. The paper concludes that it is necessaryto update the organization of control activity related to the personal data protection,application of new technologies to process information. A special attention is given to theprotection of personal data for minors, in particular their biometric personal data.