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The Ukrainian Parliament Commissioner for Human Rights

Contents:
  1. Legal grounds for the protection of personal data in the national legislation
  2. The status and the legal position of national DPA
  3. The legal rights and the limitations of the national DPA
  4. Contact information

1) Legal grounds for the protection of personal data in the national legislation:

On July 06, 2010 Ukraine ratified the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 1981. On January 01, 2011 the Law of Ukraine «On Protection of Personal Data» came into force. However, the Ukrainian Constitution has already earlier included provisions defining the citizens' right to their privacy.



The Constitution of Ukraine
Art. 32:

No one shall be subject to interference in his or her personal and family life, except in cases envisaged by the Constitution of Ukraine.

The collection, storage, use and dissemination of confidential information about a person without his or her consent shall not be permitted, except in cases determined by law, and only in the interests of national security, economic welfare and human rights.

Every citizen has the right to examine information about himself or herself, that is not a state secret or other secret protected by law, at the bodies of state power, bodies of local self-government, institutions and organisations.

Everyone is guaranteed judicial protection of the right to rectify incorrect information about himself or herself and members of his or her family, and of the right to demand that any type of information be expunged, and also the right to compensation for material and moral damages inflicted by the collection, storage, use and dissemination of such incorrect information.



According to the amendments to the Law of Ukraine «On Protection of Personal Data» introduced in 2014 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 January 8, 2014 by order of the Commissioner the list of legal acts was approved:

  • Typical procedure for processing of personal data;
  • Procedure for control exercised by the Ukrainian Parliament Commissioner for Human Rights over the observance of legislation on personal data protection;
  • Order for notification of the Ukrainian Parliament Commissioner for Human Rights on processing of personal data, which is of particular risk to the rights and freedoms of subjects of personal data, on the structural unit or a responsible person who organizes the activity related to the protection of personal data during its processing as well as on publication of the mentioned information.

2) The status and the legal position of national DPA:

The supervisory authority for the protection of personal data in Ukraine is the Commissioner. The status of the 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».
The Commissioner is appointed by the Verkhovna Rada of Ukraine for a 5 years term. According to the 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 the 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.
In order to ensure fulfillment by the Commissioner of the functions of control over the implementation of the legislation on the protection of personal data, the Department for the monitoring of informational rights was created. The main tasks of the Department are to ensure the implementation of the powers of the Commissioner in the field of exercising parliamentary control over compliance with legislation in the field of citizens' complaints, access to public information and personal data protection.

3) The legal rights and the limitations of the national DPA:

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:

  1. to receive proposals, complaints and other appeals of individuals and legal entities concerning the protection of personal data and make decisions following their consideration;
  2. 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;
  3. 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;
  4. to approve normative legal acts concerning the protection of personal data in cases envisaged by this Law;
  5. 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;
  6. 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;
  7. 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;
  8. 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;
  9. 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;
  10. to draw up protocols on bringing to administrative responsibility and direct them to the court in cases provided by law;
  11. 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;
  12. to carry out the monitoring of new practices, trends and technologies of protection of personal data;
  13. 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;
  14. to participate in the work of international organizations on personal data protection.

The Commissioner 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.
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.

The effect of the Law of Ukraine «On Protection of Personal Data» does not apply to relations with regard to obtaining archival information from repressive bodies.

4) Contact information:

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

Tel: +38 044 253-22-03
Tel: +38 044 253-75-89
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:
Personal Data Protection Office
ul. Stawki 2; PL-00-193 Warszawa
Phone: +48 (22) 531 03 00, Fax: +48 (22) 531 03 01, e-mail: kancelaria@uodo.gov.pl