Publication

Recommendations to government prepared on effective personal data protection

Participants in a conference entitled “Can Ukraine protect people’s personal data”, after analyzing the situation with personal data protection in Ukraine, came to the conclusion that in order to enhance personal data protection, the following is needed.

1.   Measures needed from the Cabinet of Ministers:

1.1.  In order to prevent diverging approaches to the process of forming databases in the work of regional and district administrations, methodological recommendations need to be drawn up on the process for creating personal databases.

1.2.  In order to safeguard the individual’s right to receive information considering themselves (as per Articles 8 and 16 of the Personal Data Protection Act, a clear algorithm should be prepared for enabling people to see information about themselves. These algorithms should be published on the official sites of the relevant bodies.

1,3  So that people can exercise their right to receive information about themselves, the practice should be reviewed for providing administrative services with respect to provision free of charge of all information which concerns the individual (various certifying documents, extracts, official copies from State registers and databases(.

1.4  Targeted financing should be increased for measures by regional administrations on introducing effective processes for protection of personal information gathered, stored and processed within those institutions and their structural divisions.

2   Measures needed from the Justice Ministry

2.1  Changes should be made to the Penal Code and the Internal Regulations…

1.  The Cabinet of Ministers needs to review practice regarding provision of administrative services. In accordance with the Access to Public Information and Personal Data Protection Acts, all information about a person, including various extracts, copies and similar documents from State registers are issued free of charge.

2.  The Cabinet of Ministers should standardze work with personal data, drawing up methodological recommendations regarding the creation of databases in executive bodies and bodies of local self-government.

3.  Ministries and departments in authority need to bring their departmental normative legal acts in line with the Access to Public Information and Personal Data Protection Acts

4.  Regional and distrct administrations, bodies of local self-government need to make amendments to Instructions on Procedure for Gathering, Using, Storing and Processing Personal Data, and the Procedure for Processing Personal Data in Personal Databases, in order to ensure transparency in the procedure for working with personal data.

5.  Regional and distrct administrations need to organize training of civil servances and officials from bodies of local self-government in order to raise their level of competence with respect to implementing the provisions of the Access to Public Information and Personal Data Protection Acts.

6.   Executive bodies and bodies of local self-government should post on their official websites information about the algorithms for how people can obtain access to information about themselves.

7.  To ensure that the public are better informed about issues connected with personal data protection, systematic explanatory work is needed.

8.  Legal liability should be increased for individuals and legal entities for divulging personal data through introduction of the necessary amendments to current legislation.

9.  Legal discrepancies should be eliminated between the Access to Public Information and Personal Data Protection Acts with distribution of public information and personal data.

10  Microregional cooperation should be increased between institutions of civil society and the authorities and bodies of local self-government 

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