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Legal issues of ensuring personal information security when interacting with artificial intelligence systems: Analysis of 2026 draft laws

Aug 2026 · Izvestiya of Saratov University. Economics. Management. Law · Vol 26, pp. 339-353 · 0 citations

TL;DR

The article substantiates the need to enshrine in the legislation the right of a citizen to receive an algorithmic explanation, to introduce differentiated liability for the developer, operator, and owner of an artificial intelligence system, to create a special legal regime for the results of intellectual activity created using artificial intelligence, and to design a regulatory framework that ensures a balance between stimulating innovation and protecting individual rights.

Abstract

Introduction. The rapid introduction of artificial intelligence systems into public administration, economy, healthcare, and other areas of public life is creating a new category of legal risks related not only to the traditional protection of personal data, but also to the regulation of intellectual property rights for works created by artificial intelligence, the issue of liability for harm caused by artificial intelligence systems, the autonomy of the individual’s will and freedom, and the accountability of algorithmic decisions. In response to these risks, a large-scale legislative effort was initiated in 2026, and the analysis of these trends is the focus of this study. Theoretical analysis. Legal science and law enforcement practice have identified several challenges related to ensuring information security of individuals when interacting with artificial intelligence systems: the lack of a systematic theoretical and legal approach to regulating this area; the uncertainty surrounding the legal status of artificial intelligence and, as a result, the unresolved issue of legal liability for harm caused by algorithmic systems; the risk of violating human rights and freedoms due to the violation of the autonomy of the individual’s will and freedom, algorithmic discrimination, and the lack of transparency in the use of artificial intelligence, which can lead to the illegal use of personal data; and the issue of the legal regime for intellectual property rights for works created using artificial intelligence. Empirical analysis. Based on the comparative analysis of the initial (March 2026) and updated (June 2026) versions of the draft law on the regulation of artificial intelligence, as well as court cases, including the first labor dispute in Russia involving the replacement of an employee’s functions by an algorithmic system, the study demonstrates the resolution of these legal issues. Results. The article substantiates the need to enshrine in the legislation the right of a citizen to receive an algorithmic explanation, to introduce differentiated liability for the developer, operator, and owner of an artificial intelligence system, to create a special legal regime for the results of intellectual activity created using artificial intelligence, and to design a regulatory framework that ensures a balance between stimulating innovation and protecting individual rights.

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