КРИМІНАЛЬНО-ПРАВОВИЙ ЗАХИСТ ПЕРСОНАЛЬНИХ ДАНИХ ВІДПОВІДНО ДО ЗАКОНОДАВСТВА УКРАЇНИ ТА ДЕРЖАВ ЄВРОПЕЙСЬКОГО СОЮЗУ

Abstract

The article analyzes a number of international normative legal acts and normative legal acts of the legislation of Ukraine in the field of personal data protection, their main content is analyzed. It was determined that the protection of personal data is inextricably linked to the protection of human and citizen rights and freedoms. In various international documents, the concept of «personal data» is defined almost identically, that is, information about an identified natural person or a person who can be identified. For many years, regulatory and legal work has been carried out aimed at creating an effective mechanism of regulatory and legal regulation of relations in the field of personal data protection both in the countries of the European Union and in Ukraine. If at the European level, issues of personal data protection were legislated in 1981 in Convention 108 of the Council of Europe on the Protection of Individuals with regard to Automated Processing of Personal Data, then in Ukraine the legal institution of personal data protection appeared in 2011 with adoption of the Law of Ukraine «On Personal Data Protection». Any actions with personal data are called their processing. During the processing of personal data, the law obliges to observe the principles enshrined in Art. 5 of Convention 108, Art. 6 Directive 95/46/EU, Art. 5 of Regulation 2016/679 and Art. 6 of the Law of Ukraine «On Personal Data Protection». For more effective protection of personal data, supervisory bodies have been established in the countries of the European Union and in Ukraine. Regarding the protection of personal data in the conditions of martial law in Ukraine, regulatory and legal acts have been adopted with the aim of ensuring the lives of citizens. It is noted that violation of the legislation on the protection of personal data entails responsibility in the form of sanctions, fines, administrative and criminal liability. Establishing responsibility for violations of this legislation at the legislative level is aimed at guaranteeing compliance with its provisions and creating an effective mechanism for the protection of personal data in practice.