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Messenger State Registration of Personal Data Cancelled
Ukrainian President Viktor Yanukovych signed Law No. 383-VII «On Amendments to Certain Legislative Acts of Ukraine to Improve the System of Personal Data Protection» on 03.07.2013, which is to enter into legal force at the beginning of 2014.
Ukrainian President Viktor Yanukovych signed Law No. 383-VII «On Amendments to Certain Legislative Acts of Ukraine to Improve the System of Personal Data Protection» on 03.07.2013, which is to enter into legal force at the beginning of 2014.
The essence of the law provides for the protection of data when processed by legal entities and individuals. Powers in this field will be transferred to the Ombudsman (the Commissioner for Human Rights).
The concept of the state registry of personal data databases has been abolished and its fate remains unknown, most likely the regulatory documents on this matter will be available in the first quarter of 2014.
Starting from 2014 state registration is replaced by notification of the Ombudsman about processing within 30 days from the start of such processing. In this case it refers exclusively to situations where the processing of personal data involves risks and threats to the rights and freedoms of the data subjects. The types of processing and categories that must notify the Ombudsman are established by the Ombudsman.
All necessary information, as well as the notification procedure and the form of personal data processing, must be published on the website of the Commissioner for Human Rights.
Given that only a few have submitted applications for the registration of personal data databases and received the required certificate, many questions arise. It is unclear in this situation what those who, taking advantage of changes in the legislation, submitted an application to revoke the protection of their employees’ personal data should do.
Importantly, by the end of the second quarter of 2014 only those whose processing of personal data may pose a risk to the rights and freedoms of individuals must notify the Ombudsman.
Biometric passports and genetic information have been added to the list of data that are prohibited from being processed.
Now those to whom the personal data belong have the right to know where their data are located, as well as who and for what purpose collects or processes them. Destruction of personal data may occur by order of the Ombudsman and by officials of his secretariat.
A decision to refuse access to personal data can be appealed not only in court, but also to the Ombudsman. Control over compliance with all the provisions of the law should be exercised by the courts as well as by the Commissioner for Human Rights.
The Ombudsman may exercise control over the implementation of all the requirements of the law by sending inquiries and appeals, on-site and off-site, as well as scheduled and unscheduled inspections. It is also within his competence to draw up and submit administrative protocols to the court.