Guarantees of protection of personal data of conscripts during their use in state registers for military registration

Abstract

It is indicated that the guarantees of protection of personal data of conscripts are a system of conditions, principles, legal and organizational means established by law, which ensure the protection of information or a set of information about a person-conscript, who is identified or can be specifically identified for the purpose of implementation by such persons constitutional rights and freedoms in legal relations arising during mobilization training and/or mobilization.
 The author emphasized that the need to make operational and immediate decisions significantly reduces the potential of the principle of scientificity, the observance and consideration of which is important on the way to the development of the most optimal solution. In particular, in such a difficult situation, in which vital decisions have to be made, quite natural questions arise in the area of timeliness, adequacy of such decisions, their compliance with the Constitution and laws of Ukraine. In the author's opinion, one of the similar issues is the search for ways to ensure the protection of personal data of conscripts during their use in state registers for military registration.
 Legal and organizational ways aimed at ensuring the protection of personal data of conscripts and other persons during their receipt, processing and use by electronic register tools are proposed, in particular: amend the draft law aimed at avoiding the exchange of data between state registers and their owners and administrators as such, which contradicts the Constitution and laws of Ukraine; clearly define the list of persons (as well as the professional requirements for them) with the right of access to the electronic register in order to reduce the negative impact of the so-called human factor of illegal use or "negligent leakage” of personal data from the register's information bases; by analogy with positive foreign experience, publish certificates and detailed technical information (including the source code) of the corresponding software product, which should confirm the high technical level of protection of the electronic information and telecommunications system; provide for administrative and criminal liability for illegal receipt, distribution and use of personal data of conscripts and other persons, illegal interference in the work of the electronic register, etc.