Publication date: 05.06.2024
Legislation on Personal Data Protection: Administrative Aspects
Introduction
Personal data protection is one of the key requirements of the modern information society. With the development of digital technologies and the growth of processed data, privacy and confidentiality issues are becoming increasingly important. Personal data protection legislation establishes a legal framework for the collection, processing, storage and use of personal data, and provides for administrative liability for violations of these requirements.
Key Regulatory Acts
1. General Data Protection Regulation (GDPR)
In the European Union, the General Data Protection Regulation (GDPR) is the main document governing the protection of personal data. It sets strict rules for the processing of personal data and gives EU citizens control over their data.
2. The Law of Ukraine "On Personal Data Protection"
In Ukraine, the main law in this area is the Law of Ukraine "On Personal Data Protection". This law defines the legal framework for the protection of personal data during their processing, the rights of personal data subjects, the obligations of data owners and managers, and liability for violations of personal data protection legislation.
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Administrative Aspects of Personal Data Protection
1. Responsibilities of Personal Data Owners and Managers
Owners and managers of personal data are obliged to do so:
- Ensure the legality of personal data processing.
- Process data only for a clearly defined purpose.
- Ensure the accuracy, completeness and relevance of personal data.
- Take measures to protect data from unauthorized access, accidental loss or destruction.
- Inform data subjects about their rights and ensure that they can exercise them.
2. Rights of Personal Data Subjects
Personal data subjects have the right to:
- Know about the sources of collection, location of your personal data and the purpose of its processing.
- Receive information about the conditions for granting access to personal data, including information about third parties to whom their data is transferred.
- Request correction, deletion or destruction of their personal data if it is processed unlawfully or is inaccurate.
- To protect their rights in case of violation of personal data protection legislation.
3. Administrative Liability for Violations
Violation of personal data protection legislation is subject to administrative liability, which may include:
- Fines: Imposing fines on the owners or managers of personal data for violations of the law. The amount of fines can be substantial, especially in the case of gross violations (e.g., the GDPR provides for fines of up to EUR 20 million or up to 4% of the company's annual turnover).
- Termination of Data Processing: In the event of serious violations, regulatory authorities may require the termination of personal data processing.
- Public Statements: A requirement to publicly report a breach that may cause reputational damage to the organization.
4. Notification of a Violation
Legislation often requires organizations to notify regulators and data subjects of any personal data security breaches. This allows you to minimize risks and take timely action to protect your data.
