COMPARATIVE ANALYSIS OF THE EFFECTIVENESS OF PRIVATE AND PUBLIC LAW MECHANISMS FOR ENSURING INFORMATION CONFIDENTIALITY

Abstract

The problem of the effectiveness of private and public law mechanisms for ensuring information confidentiality in a digital environment stems from the fact that confidentiality protection in the modern legal system cannot be provided solely through private law means of contractual access restrictions and liability, or exclusively through public law regimes, prohibitions, and organizational measures.  Purposes: to identify the features, advantages, limitations, and actual effectiveness of private and public law mechanisms for ensuring information confidentiality; to determine the criteria for their comparison. The methodological basis of the study comprises the formal legal method (used to analyze regulatory structures and legal regimes), the systematic method (employed to study confidentiality as a result of the interaction of various legal means), the comparative legal method (applied to compare private and public law frameworks for ensuring confidentiality), and the problem-analytical method (utilized to identify advantages and limitations of each mechanism within the digital environment). Results: the study finds that the private law mechanism exhibits flexibility, targeted application, and a high capacity to tailor the privacy regime to specific needs, while the public law mechanism demonstrates greater proactiveness, regime stability, and the ability to ensure robust protection in the face of large-scale digital processes. The article concludes that real effectiveness of ensuring confidentiality is achieved not through the isolated operation of either mechanism, but through their functional synergy, where private law tools enable precise adjustment of specific relationships, and public law tools establish an obligatory framework for information circulation and violation prevention.