PROBLEMS OF LEGAL REGULATION IN THE CIRCULATION WITH BIOMETRIC DATA AND GENETIC INFORMATION IN THE TRANSPORT SECTOR

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Ilya M. Rassolov , Svetlana G. Chubukova , Rozalina V. Shagieva

Abstract

The development and application of biometric and genetic information processing technologies are widely used for identification of people and objects on transport. The implementation of these technologies requires, on the one hand, the development of general legal institutions of biometrics and genetic information, and, on the other hand, the amendment of transport legislation. The solution of the problem for ensuring comfortable mobility among citizens within the framework of the digital transformation strategy in the transport industry requires the use of digital profiles for subjects in the transport sector based on a single biometric system. Large-scale projects for the use of human genetic data determine the need for further development of Russian legislation on personal data and its harmonization with European legislation and the provisions of the Regulation on the Protection of Personal Data (GDPR). As prospects for the development of individual norms of transport legislation constituting the institute of legal support for the circulation of genetic information, it is proposed to identify: norms of law establishing the rights of persons providing access to their genetic data as well as the obligations of persons processing such structural information; norms establishing the limits of using genetic information; norms establishing the rules of genetic data exchange with other national and international bodies and organizations; norms that ensure the information security of the turnover for genetic information; prohibitive norms on the restriction of the turnover for genetic information. The development of convergent technologies in the field of transport requires new legal solutions for the use of artificial intelligence systems for automated decision making. The person using such a system must: perform a risk assessment of the rights and legitimate interests of the subjects to whom the decision is made; ensure the necessary protection of confidential data; include specific provisions on automated processing in local regulations; widely and actively inform the data subject about profiling and automated decision-making; introduce procedures to allow individuals to make appeals regarding automated decision making; implement a mechanism for independent monitoring of the entire decision making process.

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