Section: “Protection of personal data”

 On 30 September 2010 Ukraine ratified the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 1981. The Convention is aimed at the extension of the safeguards for human rights and fundamental freedoms, and in particular the right to the respect for privacy. It became a major step in realization of the Art. 8 of the Convention for the protection of human rights and fundamental freedoms of 1950.

The legislation on the protection of personal data is relatively new for all European countries. The Commissioner for Human Rights is convinced that it is extremely important for Ukraine to study and take into account the world’s experience in order to create an effective mechanism that would ensure the observance of the constitutional right to the respect for privacy in the country.

The right to the respect for privacy is guaranteed by the art. 32 of the Constitution of Ukraine; the Law of Ukraine “On the Ukrainian Parliament Commissioner for Human Rights”; the Law of Ukraine “On the protection of personal data”, that came into force on 01 January 2011. This Law creates the State Service of Ukraine for the protection of personal data. The activity of the State service is aimed at protecting the person’s right to the respect for privacy, analyzing the situation with the processing of personal data and providing necessary consultations on databases registration. According to the art. 22 of the Law of Ukraine “On the protection of personal data” the Ukrainian Parliament Commissioner for Human Rights exercises parliamentary control over the observance of person’s right to the respect for personal data.

According to the art.14 of the Law of Ukraine “On the Ukrainian Parliament Commissioner for Human Rights” the Commissioner is governed in his or her activities by the Constitution of Ukraine, the laws of Ukraine and other legal acts, observes the human and citizen’s rights and interests protected by law, preserves confidential information and has no right to disclose any information concerning the privacy of the applicant and others affected by this application without their consent. This obligation shall remain effective after the end of tenure in the Office of the Commissioner.