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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 11.04.2024

I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.

     Ukraine has several initiatives regarding open data and personal verification of information, individual information searching in open-data. For example, personal verification of information in open data on the open data portal of Ukraine (data.gov.ua) provides access to various data sets that can be used for analysis and verification of information. There are also various online services and applications that allow you to check information about companies, individuals, and other entities based on open data, such as enterprise registers, state registers, etc. Such resources can be useful for personal verification of information in Ukraine.

    The Law of Ukraine "On the Protection of Personal Data" is a legislative act that regulates the collection, storage, use and protection of personal data of individuals in Ukraine. The law contains rules that relate to the processing of personal data, including the obligations of organizations to ensure adequate data protection, the consent of individuals to the processing of their personal data, the right of individuals to access their data, correct errors and delete data, as well as liability for violations of legislation on protection of personal data. This law is intended to ensure privacy and confidentiality of personal data of citizens and protect them from illegal processing.

     Thus, the protection of personal data is one of the most urgent problems in the modern world of information technologies. This is due to the growing volume of collection, processing and storage of personal information in the online environment, as well as the growing threat of privacy and confidentiality violations as a result of cyber attacks, data leaks and careless use of data by companies.The problems of personal data protection include insufficient legal mechanisms to protect personal information, insufficient awareness of users about the risks associated with the use of their data, as well as difficulties in ensuring effective control over compliance with data protection rules.

     In order to solve these problems, many countries are adopting new legislation or modernizing existing ones to ensure more effective protection of personal data, increase liability for violations of data protection rules and ensure users' rights to transparency and control over their personal data.

    Personal data includes any information about an individual that can be identified directly or indirectly through an identifier, such as name, address, telephone number, email address, etc.

    The subject of personal data is the natural person whose personal data is processed.
The consent of the subject of personal data means the voluntary expression of the individual's will to grant permission for the processing of his personal data. This expression of will must be voluntary, specific, informed and unambiguous. The consent of the subject of personal data must clearly define what data will be collected, how it will be used and to whom it can be transferred.

    Dissemination of personal data involves the transfer of information about a natural person to third parties with the consent of the subject of personal data.This may include the transfer of data to other organizations, companies or individuals for the purpose of carrying out certain tasks or services, or for the purpose of research, marketing, etc.

     Liability for breach of data protection legislation can vary depending on the severity of the breach and the context. Here are some possible consequences:
Administrative liability: Organizations that violate data protection laws may be subject to administrative liability, such as fines imposed by national data protection authorities. The size of the fine may depend on the seriousness of the violation and the extent of its consequences.
Civil Liability: Individuals whose personal data has been breached may be entitled to compensation for damages caused by improper use of their data. Compensation may include compensation for material loss, moral damage, etc.
Criminal liability: In cases of serious violations, such as theft or illegal sale of personal data, criminal liability may apply. Doing so may result in prosecution and punishment under the country's criminal code.
Reputational damage: Violation of data protection laws can result in significant reputational damage to the organization or individual that violated the law. This can affect the trust of consumers, partners and other stakeholders and affect the financial performance and stability of the business.
Consequently, liability for breaches of data protection laws is serious and organizations must follow appropriate policies and procedures to avoid such consequences.

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