Problems of the correlation between the constitutional right to privacy and the civil law treatment of personal data: theoretical aspects

In the context of digitalization and large-scale exchange of personal data between citizens and companies, the contradiction between the constitutional guarantee of the inviolability of private life and the civil-law circulation of personal data is becoming increasingly acute. The study is based on the author's own definition of private life, formulated taking into account two approaches: a broad one (involving the analysis of individual, territorial, and ethnic factors) and a narrow one (a rational approach that allows the identification of stable features). It has been established that civil-law regulation narrows the object of protection compared to the constitutional approach, while the institution of consent loses its conscious character. This leads to a violation of the right to the inviolability of private life – even in relation to the formulated definition of private life. Based on the analysis of legal collisions, including the case law of the Constitutional Court of the Russian Federation, it is substantiated that resolving these conflicts requires a systemic set of tools that goes beyond sectoral regulation. This necessity is justified by the existing mechanism of personal data circulation. A two-level system of criteria for the admissibility of interference with private life in the course of personal data circulation has been developed. It includes general criteria (lawfulness, legitimate purpose, respect for human dignity) and special criteria (informed and good-faith consent, proportionality, protection of «weak» interests, and transparency of algorithmic processing). It is concluded that the proposed system makes it possible to ensure a balance between constitutional rights and the interests of participants in civil circulation. It can serve as a guideline for improving legislation and law enforcement practice in the field of personal data protection, as well as for adapting legal regulation to the conditions of large-scale data exchange