THE LEGAL NATURE OF BIG DATA

Abstract

The legal nature of the object of information relations – big data, which is new for law,
is investigated. It has been found that it is unequivocally difficult to define what big data is. It can be
a type of digital technology and, accordingly, information technology.

Big data can also be considered as a type of information that always exists in the form of a
large array of data. The latter option can also be implemented when using the method of legal fiction in the process of understanding the nature of information as a whole, when information can be
understood as any information objects, including a certain set of data connected by a unique set of
technologies with the help of which they are processed. The most reasonable approach seems to be
to consider big data as a complex object that includes large amounts of data, information technologies used for their processing, including through the Internet and other information and telecommunication networks.
Today, the law imposes separate requirements on the data itself, depending on the subject area,
as well as separately on certain technologies, information and telecommunication networks. In this
regard, the legal regulation of big data is complex, covering both legislation on information and information technology, and legislation on communications, information protection, civil and administrative legislation. Depending on the type of subject matter of the content of the big data array, the
norms of financial, labor, environmental, medical, urban planning or other legislation may also be
applied.
Big data is proposed to be considered as a complex object of information law, as a set of a significant array of reliable, dynamically updated data and information technologies used for their
processing in a certain set, including through the Internet and in real time, for the purposes determined by law and/or the right holder.