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Personal data protection in the context of digital transformation

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 30.05.2024

Personal data protection in the context of digital transformation

 

Introduction

Digital transformation, which covers all spheres of life, including the public sector, business and personal communication, is significantly changing the way personal data is processed and stored. In today's world, where data has become the new currency, the issue of personal data protection is of particular relevance. Legal regulation of this area aims to strike a balance between the innovative possibilities of digitalization and the need to protect the privacy of citizens. In this article, we will consider the key aspects of personal data protection in the context of digital transformation. You may be interested in the following articles: legal advice, legal advice, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal advice, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.

 

The main part

 

1. 1. Legal framework for personal data protection

Legislative regulation of personal data protection varies from country to country, but the general principles remain similar. One of the best known and most influential documents is the General Data Protection Regulation (GDPR) in the European Union. This regulation establishes strict requirements for the processing of personal data, including transparency, lawfulness, data minimization, and ensuring the rights of data subjects. Other countries are also developing their national laws based on international standards.

 

2. Principles of personal data processing

The main principles of personal data processing are:

  • Lawfulness, fairness and transparency: Data must be processed lawfully, fairly and transparently for the data subject.
  • Data minimization: Processing should be limited to only the data that is necessary to achieve a specific purpose.
  • Accuracy: Data must be accurate and updated as necessary.
  • Storage limitations: Data must be stored in a form that allows for the identification of data subjects no longer than is necessary for the purposes of processing.
  • Integrity and confidentiality: Data must be processed in a manner that ensures adequate security, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage.

 

3. Rights of data subjects

Data subjects have a number of rights that ensure control over their personal data. These include:

  • Right of access: The ability to obtain information about what data is being processed, for what purpose, and to whom it is being transferred.
  • The right to rectification: The ability to correct inaccurate or incomplete data.
  • Right to erasure: The right to request the erasure of data if it is no longer needed for the stated purposes or if the subject withdraws his or her consent to processing.
  • The right to restrict processing: The ability to restrict data processing in certain cases.
  • The right to data portability: The ability to receive your data in a structured, commonly used format and transfer it to another controller.

 

4. Cybersecurity and data protection

In the context of digital transformation, cybersecurity is becoming a critical aspect of personal data protection. It is necessary to ensure reliable technical and organizational measures to protect data from cyber threats. This includes data encryption, strong passwords, regular software updates, and cybersecurity training for staff.

 

5. International data exchange

In a globalized world, it is often necessary to transfer personal data between countries. Legislation should ensure that such

data is exchanged in accordance with high standards of personal data protection. The GDPR, for example, sets strict rules for data transfers outside the European Union, requiring that countries receiving data provide an adequate level of protection.

 

6. 6. Liability and sanctions

To ensure compliance with personal data protection laws, it is important to establish clear accountability mechanisms and sanctions for violations. This can include administrative fines, criminal liability, and other measures that will encourage organizations to handle data properly. The GDPR, for example, provides for significant fines for violations, which can reach up to 20 million euros or 4% of the company's total annual turnover.

 

Conclusion.

Digital transformation opens up unprecedented opportunities for the development of society, but at the same time creates new challenges in the field of personal data protection. Ensuring a legal framework for data protection, implementing reliable technological solutions, and raising awareness of citizens' rights are key aspects in creating a secure digital environment.

Personal data protection legislation should be adaptive and meet modern challenges, taking into account the constant development of technology. Only with proper legal regulation, effective oversight and active participation of all stakeholders can a balance be struck between innovation and privacy, contributing to the sustainable development of the digital society.

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