COMPENSATION FOR DAMAGES CAUSED BY THE VIOLATION OF INFORMATION SECURITY

Abstract

The article analyzes the issue of determining and ordering compensation for damage caused by information security violations. As a result of the analysis of normative-legal acts and scientific positions in the area concerned, it is established that the primary statutory base on prevention and cessation of offenses in the information sphere is almost formed, in particular, civil-law, disciplinary (including material) administrative and criminal liability for committing offenses and crimes in the information sphere, numerous laws and bylaws in the information sphere have been developed and are in force. However, their practical application is rather weak: there are no specific mechanisms for applying and complying with the law in practice, there are difficulties in imposing penalties for violating it, there is no systematization of law enforcement actions to exercise their responsibilities and rights in the information sphere. It is determined that for violation of information security, a person may receive compensation for tangible and non-pecuniary damage caused to him. The civil legislation of Ukraine also provides for compensation to a person as a result of the violation of his civil right. A separate role is played by administrative and criminal liability in the field of information security violations. It is concluded that in the current development of information society and digitalization, information security is significant in the field of private law. As a result, violations of information security may result in administrative and criminal liability. The option of civil liability is also necessary, in particular, compensation for tangible and non-pecuniary damage, which requires filing a lawsuit. At the same time, it should be noted that the actual compensation can occur only if the fact of damage is properly proved and the amounts contained in the claim are justified.