Approaches to the Constitutionalization of the Right to Informational Self-Determination: The Experience of Switzerland
The article is devoted to the problem of development and constitutionalization of the right to informational self-determination in Switzerland through the practice of the Swiss Federal Court. The content of the right to informational self-determination in the form as it was originally formulated by the German Constitutional Court, from where it came to Switzerland, is briefly analyzed. The formation and consolidation of the right to informational self-determination in Swiss legislation is considered. The Swiss experience shows that the law, initially formulated in a specific case, can subsequently rise to the constitutional level and become a key element of the constitutional basis of the personal data protection system. The evolution of understanding of the right to informational self-determination in Switzerland is studied from looking at it as an element of the right to personal freedom in accordance with the German tradition to considering it an element of the right to protection against abuse of personal data after the constitutional reform of 2000. Attention is paid to the fact that the right to informational self-determination has an indirect effect between individuals, that is, it can act not only in public law, but also in private legal relations. It is noted that in the context of the commercialization of personal data, in order to enhance their protection, it is proposed to give the right to informational self-determination the nature of a sui generis property right, which is consistent with legislative initiatives taken by Swiss parliamentarians. The question is raised about the correlation of the right to informational self-determination with the right to digital integrity. An analysis is made of how the experience of this country can be interesting and useful for the formation of the constitutional and legal foundations of the personal data protection system in Russia.