Publication date: 09.07.2024
Legal regulation of personal data protection in Ukraine
Introduction.
In today's world, personal data protection is becoming an increasingly important task due to the development of information technology and the spread of electronic communications. Personal data of citizens are collected, processed and stored by various organizations, including government agencies, private companies and other entities. Legal regulation of personal data protection is aimed at ensuring confidentiality, security and proper use of this information. In this article, we will review the main principles, regulations and authorities that regulate personal data protection in Ukraine.
Basic principles of personal data protection
The legal regulation of personal data protection in Ukraine is based on several basic principles that ensure effective protection of the rights of personal data subjects:
Theprinciple of legality. The processing of personal data must be carried out in accordance with the law, in compliance with all requirements of the legislation on personal data protection.
Theprinciple of fairness and transparency. The processing of personal data must be fair and transparent, data subjects must be informed about the purpose, scope and methods of processing their data.
Theprinciple of purposeful restriction. Personal data should be collected only for specific, defined and legitimate purposes and may not be processed in a manner inconsistent with these purposes.
Theprinciple of data minimization. The amount of personal data processed should be limited to the minimum necessary to achieve the specified purposes.
Theprinciple of accuracy. Personal data must be accurate and updated as necessary. All reasonable measures should be taken to ensure that inaccurate data is deleted or corrected.
Theprinciple of limiting storage. Personal data should be stored in a form that allows the identification of data subjects no longer than necessary to achieve the purposes of processing.
Theprinciple of integrity and confidentiality. Personal data must be processed in a manner that ensures adequate security, including protection against unauthorized or unlawful processing, loss, destruction or damage.
Key regulations
The legal regulation of personal data protection in Ukraine is based on a number of regulations, among which the key ones are:
TheLaw of Ukraine "On Personal Data Protection". This law establishes the legal framework for the protection of personal data during their processing, the rights of data subjects, the obligations of data owners and managers, and the procedure for monitoring compliance with the law in this area.
TheLaw of Ukraine "On Information". The Law defines the legal framework for information relations, including the procedure for collecting, storing, using and disseminating information, as well as the protection of citizens' information rights.
TheCivil Code of Ukraine. The Civil Code contains general provisions on the protection of personal non-property rights, including the right to privacy and protection of personal data.
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention No. 108). Ukraine is a party to this international agreement, which sets standards for the protection of personal data during their automated processing.
Regulation (EU) 2016/679 (GDPR). Although the GDPR is a regulatory act of the European Union, its provisions have a significant impact on Ukrainian personal data protection legislation, especially when Ukrainian companies work with data of EU citizens.
State regulatory authorities
The main state authorities responsible for regulating and supervising personal data protection in Ukraine are:
TheUkrainian Parliament Commissioner for Human Rights (Ombudsman). The Ombudsman monitors compliance with personal data protection legislation, considers citizens' complaints, conducts inspections of data owners and processors, and provides recommendations for improving personal data protection.
TheNational Commission on Personal Data Protection. This is a special body that monitors compliance with personal data protection legislation, develops regulations, conducts inspections and imposes sanctions for violations of the law.
Rights of personal data subjects
Ukrainian legislation on personal data protection provides personal data subjects with a number of rights aimed at protecting their interests and ensuring proper processing of their data. The main rights of personal data subjects include:
Theright to access data. Personal data subjects have the right to receive information about the processing of their data, including the purpose, scope, sources and recipients of the data.
Theright to rectification. Personal data subjects have the right to request the correction of inaccurate or incomplete data concerning them.
The right to erasure(right to be forgotten). Personal data subjects have the right to request the deletion of their data in cases provided for by law, in particular, if the data is no longer needed for the purposes for which it was collected, or if the subject withdraws his or her consent to data processing.
Theright to restrict processing. Personal data subjects have the right to request restriction of processing of their data in certain cases provided for by law.
Theright to object. Personal data subjects have the right to object to the processing of their data in cases where the processing is based on the legitimate interests of the data owner or controller.
Theright to data portability. Personal data subjects have the right to receive their data in a structured, commonly used and machine-readable format and to transfer this data to another data controller.
Responsibilities of personal data owners and managers
Owners and managers of personal data are obliged to ensure proper protection of personal data and compliance with the law in this area. The main responsibilities of personal data owners and managers include:
The obligation toensure the lawfulness of processing. The owners and managers of personal data are obliged to ensure that the data is processed in accordance with the law, in compliance with all requirements of the legislation on personal data protection.
The obligation toinform data subjects. Owners and managers of personal data are obliged to inform data subjects about the purpose, scope, methods of processing and their rights.
The obligation toensure data security. Owners and managers of personal data are obliged to take technical and organizational measures to ensure the security of personal data, protection against unauthorized or unlawful processing, loss, destruction or damage.
The obligation toensure data accuracy. Owners and managers of personal data are obliged to ensure the accuracy and relevance of the processed data, and take measures to correct inaccuracies.
The obligation tolimit data storage. Owners and managers of personal data are obliged to store data no longer than necessary to achieve the processing purposes and to delete or anonymize data after this period.
The obligation toensure the rights of data subjects. Owners and managers of personal data are obliged to ensure the exercise of the rights of data subjects, including access to data, correction, deletion, restriction of processing, objection and data transfer.
Sanctions for violation of personal data protection legislation
For violation of personal data protection legislation in Ukraine, there are various types of sanctions that may be imposed on data owners and managers. The main types of sanctions include:
Administrative fines. Administrative fines may be imposed for violations of personal data protection legislation, the amount of which depends on the nature and severity of the violation.
Civil liability. Personal data subjects have the right to compensation for damages caused by the unlawful processing of their data.
Criminal liability. Certain types of violations of personal data protection legislation, including unauthorized collection, storage, use or dissemination of personal data, may result in criminal liability.
Conclusion.
Legal regulation of personal data protection in Ukraine is an important tool for ensuring confidentiality, security and proper use of this information. It includes the regulatory framework, activities of state regulatory and supervisory authorities, rights of personal data subjects, obligations of data owners and managers, and sanctions for violations of the law. Effective legal regulation helps to protect the rights of citizens, increase trust in the personal data processing system and ensure the stable development of the information society in Ukraine.
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