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The Ukrainian Parliament Commissioner for Human Rights

Contents:
  1. The legal ground for the protection of personal data in Ukraine.
  2. The legal position of the Ukrainian Parliament Commissioner for Human Rights.
  3. The legal rights of the Ukrainian Parliament Commissioner for Human Rights.
  4. Limitations of the Ukrainian Parliament Commissioner for Human Rights
  5. Contact

1. The legal ground for the protection of personal data in Ukraine.

On 6th of July 2010 Ukraine ratified the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 1981 (came into force on 1 January 2011). On 1st January 2011 the Law of Ukraine on Protection of Personal Data came into force.
According to the amendments introduced by the Law of Ukraine “On amendments to certain legislative acts of Ukraine concerning the improvement of the protection of personal data” the function of control over observance of the legislation on protection of personal data is assigned to the Ukrainian Parliament Commissioner for Human Rights (hereinafter referred to as “the Commissioner”).
In order to improve personal data protection system of Ukraine on 8 January 2014 by order of the Commissioner the list of legal acts was approved:

  • Model Procedure for processing of personal data;
  • The procedure for monitoring compliance with personal data protection legislation;
  • The procedure for notification of the Commissioner of processing of personal data which pose a strong risk to the rights and liberties of subjects of personal data and about departments or responsible person who organizes the work related to the protection of personal data during their processing and the procedure for publication of information, that was mentioned.

2. The legal position of the Ukrainian Parliament Commissioner for Human Rights.

The status of Commissioner is defined by Article 101 of the Constitution of Ukraine, the Law of Ukraine "On the Ukrainian Parliament Commissioner for Human Rights" and Law of Ukraine “On Protection of Personal Data”.
According to Article 4 of the Law of Ukraine "On the Ukrainian Parliament Commissioner for Human Rights" the Commissioner performs his or her duties independently of other state bodies and officials.
According to Article 2 of the Law of Ukraine "On the Ukrainian Parliament Commissioner for Human Rights" and Article 4 of the Law of Ukraine “On Protection of Personal Data” the Commissioner`s competence in the sphere of personal data protection covers private and public sector.
For the purpose of effective realization of powers in the field of protection of personal data the Department for Personal Data Protection was established within the Secretariat of the Commissioner. The main task of this Department is to ensure the exercise of powers of the Commissioner in the field of personal data protection, including the monitoring of the observance of human rights to the protection of personal data, consider citizens' complaints and undertake measures to restore their rights to personal data protection.

3. The legal rights of the Ukrainian Parliament Commissioner for Human Rights.

According to the Article 23 of the Law of Ukraine on Protection of Personal Data the Commissioner has the following authorities in the sphere of protection of personal data:

  • to receive proposals, complaints and other appeals of individuals and legal entities concerning the protection of personal data and make decisions following their consideration;
  • on the grounds of appeals or on own initiative to conduct on-site and off-site, scheduled, unscheduled inspections of possessors and controllers of personal data in the manner defined by the Commissioner, with provision of access to the premises where processing of personal data is performed according to law;
  • to obtain at his/her own request and have access to any information (documents) of possessors or controllers of personal data which are necessary to control the ensuring of protection of personal data, including the access to personal data, relevant databases or files, restricted information;
  • to approve normative legal acts concerning the protection of personal data in cases envisaged by this Law;
  • on the grounds of results of an inspection, consideration of an appeal to issue binding requests (regulations), as regards the prevention or elimination of violations of the legislation on protection of personal data, including the changes, removal or destruction of personal data, ensuring access to them, providing or prohibiting their provision to third person, suspension or termination of the processing of personal data;
  • to provide recommendations on practical application of the legislation on protection of personal data, to explain the rights and obligations of the relevant persons upon request of subjects of personal data, possessors and controllers of personal data, units or persons responsible for the organization of the protection of personal data, other persons;
  • to cooperate with units or responsible persons that according to this Law organize the work related to the protection of personal data during their processing; to disclose the information about these units and responsible persons;
  • to submit proposals to the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, other state bodies, bodies of local self-government and their officials as regards the adoption or amendment to normative legal acts on the protection of personal data;
  • to provide the conclusions concerning the draft codes of conduct in the sphere of protection of personal data and changes thereto upon requests of professional, self-government and other public associations or legal entities;
  • to draw up protocols on bringing to administrative responsibility and direct them to the court in cases provided by law;
  • to inform about the legislation on the protection of personal data, the problem of its practical application, the rights and obligations of subjects of relation connected to personal data;
  • to carry out the monitoring of new practices, trends and technologies of protection of personal data;
  • to organize and ensure the cooperation with foreign entities related to personal data, particularly, in connection with implementation of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and Additional Protocol to it, other international agreements of Ukraine on personal data protection;
  • to participate in the work of international organizations on personal data protection.

The Commissioner also includes in his/her annual report on state of observance and protection of human and citizens' rights and freedoms in Ukraine the report on the state of observance of legislation on personal data protection.

4. Limitations of the Ukrainian Parliament Commissioner for Human Rights

Processing of personal data without application of provisions of the Law of Ukraine “On Protection of Personal Data” is permitted if such a processing is carried out:

  1. by an individual solely for his/her personal or household requirements;
  2. solely for journalistic and creative purposes, provided that the balance between the right to respect for private life and the right to freedom of expression is ensured.

5. Contact

Secretariat of the Ukrainian Parliament Commissioner
for Human Rights 21/8, Instytutska street,
01008, Kyiv Ukraine

Tel: +38 044 253-40-58
Fax: +38 044 226-34-27
E-mail: hotline@ombudsman.gov.ua
Tel of hot line: +38 044 253-75-89
Website: http://ombudsman.gov.ua/



  The administrator of this web site is:
Inspector General for the Protection of Personal Data
ul. Stawki 2; PL-00-193 Warszawa
Phone: +48 (22) 531 03 00, Fax: +48 (22) 531 03 01, e-mail: kancelaria@giodo.gov.pl