Personal Data Protection in Ukraine: Realities and Prospects for Implementing the European Experience

Abstract

The purpose of the article is to study the theoretical and methodological foundations of the process of adaptation of Ukrainian legislation to EU norms and standards through the development of specific proposals for modernization of the theoretical and applied model of the personal data protection mechanism in Ukraine, through the creation of a system of specialized state bodies, and also in the formulation of reasonable proposals and methods for addressing the issues raised. The main elements and effectiveness of the process of adaptation of Ukrainian legislation to EU norms and standards are studied based on the concept of contextual integrity and comparative analysis of EU legislation in the field of personal data protection. Sociological research was also conducted by surveying Ukrainian citizens on the effectiveness of personal data protection legislation. In the course of the research, it was concluded that the future update of the UkrDPR should take into account: modern regulatory requirements necessary to ensure an appropriate level of mass processing of personal data (especially in the field of social networks); a rapidly changing data processing environment at the International and European levels; a higher level of personal data protection of children and minors is needed; updating industry standards for personal data protection as an important condition for the development of Ukrainian society. Based on the empirical research, the author proves that when processing personal data, it is necessary to adhere to the following data processing principles: legality, good faith and transparency; limitation of purpose; minimization of personal data; accuracy of personal data; limitation of storage periods; integrity and confidentiality; personal data may be processed only on the grounds provided for by law.