Publication date: 15.07.2024
Legal regulation of personal data protection in Ukraine
Introduction
In today's information society, personal data protection is becoming increasingly important. Personal data is processed in almost all spheres of life, so it is important to ensure its proper protection against unauthorised access, loss or disclosure. In this article, we will review the main legal framework for personal data protection in Ukraine, including definitions, principles, legal frameworks and protection mechanisms.
The concept of personal data
Definition
Personal data is information or a set of information about an individual who is identified or can be specifically identified. This includes first name, surname, date of birth, address, telephone number, e-mail, passport details, identification code and other information that allows for the identification of a person.
Principles of personal data protection
Legality.
Personal data processing must be carried out on legal grounds, in compliance with the requirements of Ukrainian legislation.
Transparency
Personal data subjects must be informed about the purpose of processing their data, the amount of data collected and the duration of its storage.
Confidentiality
Personal data must be protected from unauthorised access, disclosure, alteration or destruction. Data controllers are obliged to take the necessary technical and organisational measures to ensure data confidentiality.
Data minimisation
The processing of personal data should be limited to only those data that are necessary to achieve the specific purpose of processing.
Accuracy
Personal data must be accurate, complete and up-to-date. Data controllers are obliged to ensure that the processed data is up-to-date and accurate.
Data storage
Personal data must be stored in a form that allows the identification of data subjects for no longer than is necessary for the purpose of processing.
Legal basis for personal data protection
The Constitution of Ukraine
The Constitution of Ukraine enshrines the fundamental rights and freedoms of citizens, including the right to protection of personal data and confidential information. Article 32 of the Constitution guarantees the right to non-interference in personal and family life, except in cases provided for by law.
The Law of Ukraine "On Personal Data Protection"
This law is the main legal act regulating the protection of personal data in Ukraine. It defines the rights and obligations of personal data subjects and data owners, the procedure for processing, storing and protecting data, as well as liability for violations of personal data protection legislation.
The Law of Ukraine "On Information"
This law establishes the basic principles of information activities, including the protection of restricted information, including personal data. The Law regulates access to information, rights and obligations of subjects of information relations, as well as liability for violation of information protection requirements.
By-laws and regulations
National standards, resolutions, instructions and other regulatory documents governing certain aspects of personal data protection, including technical and organisational data protection measures, the procedure for maintaining a register of personal data bases, requirements for data processing, etc.
Rights and obligations of personal data subjects
Rights of personal data subjects
- Theright to information: personal data subjects have the right to know what data about them is being processed, for what purpose, by whom and on what grounds.
- The right toaccess data: data subjects have the right to receive information about the processing of their data and access to their personal data.
- Theright to rectification: personal data subjects have the right to request the correction of inaccurate or incomplete data.
- Theright to erasure: data subjects have the right to have their data erased if it is no longer necessary for the purpose of processing or if the processing is unlawful.
- The right to restriction ofprocessing: data subjects have the right to request restriction of processing of their data in certain cases.
- The right toobject: data subjects have the right to object to the processing of their data in certain cases.
- The right todata portability: personal data subjects have the right to receive their data in a structured, commonly used and machine-readable format and to transmit it to another data controller.
Responsibilities of personal data controllers
- Lawfulness of processing: personal data processing must be carried out on legal grounds and in accordance with the requirements of the law.
- Ensuring confidentiality: data controllers are obliged to ensure the confidentiality of data and take the necessary measures to protect it.
- Informing data subjects: data controllers are obliged to inform data subjects about the processing of their data, the purpose of processing, the rights of data subjects, etc.
- Ensuring the rights ofdata subjects: data controllers are obliged to ensure the exercise of the rights of data subjects, including access to data, rectification, erasure, restriction of processing, etc.
- Data security: data owners are obliged to take technical and organisational measures to ensure the security of personal data, protect it from unauthorised access, loss or distortion.
Mechanisms for personal data protection
State supervision and control
State supervision and control over compliance with personal data protection legislation is carried out by authorised state bodies, such as the State Service of Ukraine on Personal Data Protection. These authorities are empowered to conduct inspections, consider complaints, apply enforcement measures and impose fines for violations of the law.
Administrative and judicial protection
Personal data subjects have the right to apply to administrative authorities and courts to protect their rights in cases of violation of personal data protection legislation. The court may decide to compensate damages, impose fines or apply other measures to the violators.
Internal policies and procedures
Organisations that process personal data should develop and implement internal policies and procedures for data protection, including privacy policies, data processing procedures, security measures, etc. This helps to ensure compliance with the law and the protection of personal data.
Technical and organisational measures
Organisations should take technical and organisational measures to ensure the security of personal data, including encryption, anonymisation, access control, backup, security audits, etc.
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