Legal Regulation of Risk Management in the Use of Big Data

The article is devoted to the legal regulation of risk management in the use of big data in the context of the emerging data economy. The authors show that the value of big data is realized primarily through its secondary use, which contradicts the classical principles of information processing; therefore, the focus of regulation should shift from data collection to managing the risks associated with its use. A comparative legal analysis was carried out of the models of legal regulation of risk management in the field of big data that exist in global practice. Based on judicial practice materials, problems have been identified regarding the uncertainty of the legal title to data arrays, the ineffectiveness of extraterritorial coercion, the lack of criteria for balancing private and public interests, the fictitious nature of consent, and the risks of re‑identification. Proposals have been formulated for the regulatory consolidation of the legal regime for large user data, mandatory assessment of the impact of high‑risk processing, dynamic consent, anonymization standards, and trusted intermediaries.