On the Need for an Integrated Approach in Determining the Big Data Regime in Russian Law

In this article, using the example of a case initiated in 2017 at the suit of VKontakte LLC against DABL LLC on the prohibition of extracting and using information contained in the databases of the plaintiff’s social network, and considered by arbitration courts of various levels for five years, the existing in Russian law, paradoxes in the definition of the legal regime of Big Data. It is concluded that the current regulation is clearly not enough for the optimal resolution of disputes similar to the above case: taking into account only the provisions of intellectual property law leads to contradictory situations in which the database manufacturer, as the owner of the exclusive right, has a monopoly on generalized and essentially public information about users of its information resources. As a result of the study, a conclusion is drawn about the need for an integrated approach in determining the regime of personal data in domestic legislation, which implies taking into account equally both information and civil legislation, as well as the provisions of the federal laws “On Personal Data” and “On Protection of Competition”.