PulseExploreJournal ClubDebatesTrendingResearchersJournals
Instagram
HomeExploreJournal ClubTrending
Synapse
⌘+K
Synapse
February 2, 2026Юридические исследования2 citationsOpen Access

Differentiation of legal regulation of personal data processing: justification based on functional-essential classification

View Full Paper
AAAnna Sergeevna Aleksandrova

Key Points

  • The research aims to create a differentiated, risk-oriented legal regulation model for personal data processing in Russia.
  • Conducted a critical analysis of Federal Law No. 152-FZ on Personal Data.
  • Utilized formal-legal, comparative-legal, system, and classification methods.
  • Analyzed national regulation alongside the GDPR provisions.
  • Developed a functional-substantive typology of personal data.
  • Identified gaps and contradictions in current personal data regulation.
  • Proposed a new classification reflecting modern technological realities.
  • Outlined special regimes for different types of personal data to enhance legal protections.

Abstract

The subject of the research is the legal regulatory system for the processing of personal data in the Russian Federation. The author examines the evolution of doctrinal understanding of personal data and its impact on the formation of the legislative model. Special attention is given to a critical analysis of the unified approach established in Federal Law No. 152-FZ of July 27, 2006 "On Personal Data." The focus of the research is on the fundamental differences in the nature, functional purpose, and associated legal risks of various categories of processed information. The author investigates systemic contradictions and gaps in the current regulation, which manifest in the use of large data sets, automated profiling, and algorithmic decision-making. The aim of the research is to develop theoretical and practical foundations for transitioning to a differentiated, risk-oriented model of legal regulation. This goal is achieved by creating a new classification of personal data that reflects modern technological and legal realities. The research employs formal-legal, comparative-legal, systemic methods, and the classification method. The comparative analysis covers national regulation and the provisions of Regulation (EU) 2016/679 (GDPR). The classification method has become the basis for developing the author's functional-substantive typology of personal data. The results of the research have significant theoretical and practical value. The theoretical contribution lies in the development of the doctrine of information and constitutional law amid digitalization. The practical significance is expressed in the applicability of the findings to improve Russian legislation. The existing regulatory model does not fully address modern realities, as it does not consider the fundamental heterogeneity of personal data and accompanying legal risks. The proposed functional-substantive classification creates a scientific basis for differentiated and risk-oriented legal regulation and also forms the foundation for preparing amendments to Federal Law No. 152-FZ "On Personal Data" and other regulatory legal acts. This implies the establishment of special legal regimes: for identifying data – a regime ensuring authenticity and integrity; for profiling data – a regime controlling analysis and obtaining consent; for status data – a regime guaranteeing transparency, explainability, and fairness of algorithmic decisions. The implementation of this model is necessary to ensure effective protection of constitutional rights amid the rapid digitalization of social relations.

Ask AI
Helpful
Bookmark
Share
View Full Paper

Cite This Study

Anna Sergeevna Aleksandrova (2026) studied this question.

synapsesocial.com/papers/6980fff5c1c9540dea812d78https://doi.org/10.25136/2409-7136.2026.1.77587
Ask AI
Helpful
Bookmark
Share
View Full Paper