Civil and legal aspects of digital privacy

The article seeks to outline the ways to optimize the existing legislation to ensure a balance between the right to privacy and the needs of state security, economic development and information transparency. The purpose of the article is to analyze the civil law aspects of digital privacy in Ukraine, to identify the main problems and challenges arising from the development of digital technologies and the Internet. Particular attention is paid to the legal framework governing the protection of personal data, as well as to the analysis of open data and its impact on the economy and society. The study of civil law aspects of digital privacy in Ukraine addressed a number of key issues related to the protection of personal information of individuals in the digital space. The analysis showed that digital privacy covers a wide range of data, from personal identifiers to behavioral patterns of users on the Internet. Particular attention was paid to the right of individuals to control access to and use of their data, which is critical to ensuring privacy in the online environment. The study also revealed the existence of constitutional tensions between the right to freedom of speech and the need to ensure state security, which affects the scope and limits of digital privacy. The absence of a clear distinction and definition between «confidential information about a person» and «personal data» in the legislation creates additional difficulties for the legal regulation of this area. The study emphasizes the need for a comprehensive approach to digital privacy regulation, which would include the integration of various legislative norms and adaptation to the current challenges of the digital age. In addition, the study highlights the importance of adequate regulation of the collection and use of information through cookies and IP addresses to protect users’ personal data. In summary, the study emphasizes the relevance of the topic of digital privacy and identifies key areas for further development of legal regulation in this area in Ukraine, with a view to ensuring a balance between the rights of individuals and the interests of the State.