Overcoming Illegal Cross-border Transfer of Personal Data

Objective: to form of a comprehensive interdisciplinary legal and technological risk management model in the field of illegal cross-border transfer of personal data by eliminating legislative gaps and creating a system for automated control of outgoing information flows, as well as expert response to identified incidents.

Methods: in addition to general dialectical and general scientific methods, special legal and cybernetic methods were used. For example, based on comparative legal analysis, the authors reveal differences between national and international regulation of cross-border flows of personal data. In the second section, the modeling method allows forming an algorithm for identifying information security incidents in the field of cross-border transfer of personal data and responding to them.

Results: the article formulates proposals to optimize legislation in the field under study by introducing specialized protective norms for violating the rules of cross-border transfer of personal data and stipulating the operator’s obligation to notify personal data subjects of the intention to transfer the information abroad. The second section describes the concept of a software package designed to detect information security incidents in the field under consideration, as well as a model of action of an authorized representative of the operator after receiving a signal from the automated system.

Scientific novelty: to solve the set problem, the work combines the knowledge and competencies of legal scientists and specialists in the field of information security, which allows an interdisciplinary approach. At the same time, it is stated that the issues of illegal crossborder transfer of personal data have not received proper coverage in science today, since Russian legislation in this area has changed recently. The authors propose not so much to strengthen the sanction for legislation violation in this area, as to ensure the punishment of persons who commit cyberattacks, and to equip personal data operators with an effective tool to minimize the risks of information leakage.

Practical significance: the research results can be used to improve legislation in the field of cross-border transfer of personal data and the organization of activities of authorized employees of the personal data operator for risk management in this area.