Publication date: 08.06.2024
Legal aspects of personal data protection in Ukraine
Introduction
The protection of personal data is an important aspect of legal regulation in modern society, especially in connection with the development of digital technologies. In Ukraine, the legal aspects of personal data protection are regulated by a set of laws and regulations that are harmonized with European standards. In this article, we will review the main provisions of personal data protection legislation in Ukraine, as well as current trends and challenges in this area.
Legal framework
The Law of Ukraine "On Personal Data Protection":
- The main law governing personal data protection in Ukraine. It defines the concept of personal data, the principles of its processing, the rights of personal data subjects and the obligations of data controllers.
- The law is harmonized with the provisions of the European Union's General Data Protection Regulation (GDPR).
The Civil Code of Ukraine:
- Contains provisions on the protection of personal non-property rights, including the right to privacy and protection of personal data.
The Law of Ukraine "On Information":
- Regulates access to information and protection of information containing personal data.
Basic principles of personal data processing
Legality:
- Personal data must be processed on lawful grounds, such as the consent of the data subject, performance of a contract, compliance with legal obligations, protection of the vital interests of the data subject, or performance of tasks in the public interest.
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Transparency:
- Data controllers are obliged to inform data subjects about the purpose of processing their data, as well as about their rights and how to exercise them.
Data minimization:
- The processing of personal data should be limited to only those data that are necessary to achieve a specific purpose.
Accuracy:
- Personal data must be accurate and up-to-date. Data controllers must take steps to correct or delete inaccurate data.
Data storage:
- Personal data should only be stored for as long as is necessary to achieve the purpose of the processing.
Rights of personal data subjects
The right of access:
- Data subjects have the right to receive information about the processing of their data, including the purpose of the processing, categories of data, data recipients, and the retention period.
The right to rectification:
- Data subjects have the right to request correction of inaccurate or incomplete data.
The right to erasure ("right to be forgotten"):
- Data subjects have the right to request the erasure of their data under certain conditions, for example, if the data is no longer required for the purpose of processing or if the data subject has withdrawn their consent.
The right to restrict processing:
- Data subjects may request restriction of processing of their data under certain conditions, for example, if they dispute the accuracy of the data.
The right to data portability:
- Data subjects have the right to receive their data in a structured, commonly used format and to transmit it to another data controller.
The right to object:
- Data subjects have the right to object to the processing of their data on the basis of the controller's legitimate interests or the performance of a task in the public interest.
