Analysis of the Draft Law:
Analysis of the Draft Law of Ukraine “On Personal Data Protection”
1. Essence of the Draft Law
The Draft Law of Ukraine “On Personal Data Protection” aims to establish legal principles for processing and protecting personal data in Ukraine. It defines the rights of data subjects, the obligations of controllers and operators, and establishes liability for violations in this sphere.
2. Structure of the Draft Law
The draft law consists of 11 sections, including general provisions, grounds for personal data processing, rights of data subjects, obligations of controllers and operators, and special provisions for data processing in various fields such as labor relations and law enforcement. New requirements for processing sensitive data, such as biometric and genetic data, are noted.
3. Key Provisions and Their Importance
The draft law introduces new standards for personal data processing and protection, which are important for all parties: legislators, businesses, the public, and experts. It harmonizes Ukrainian legislation with European standards, particularly the General Data Protection Regulation (GDPR). The draft law introduces strict rules regarding data processing consent, data minimization and accountability principles, and establishes fines for violations. This has a significant impact on businesses processing personal data, forcing companies to adapt their processes to new requirements. For citizens, this means an increased level of protection for their personal data.
Analysis of the Explanatory Note:
Essence of the Draft Law:
The Draft Law of Ukraine “On Personal Data Protection” aims to update national legislation in the field of personal data protection in accordance with modern international standards, particularly European ones. It provides for the implementation of Regulation (EU) 2016/679 (GDPR) and other European directives to ensure an appropriate level of personal data protection.
Reasons and Necessity for Adoption:
The necessity of adopting this draft law is due to the obsolescence of current legislation that does not meet modern international standards and technological challenges. Ukrainian legislation must be aligned with European norms to fulfill obligations under the Association Agreement with the EU. This is also important for ensuring an adequate level of personal data protection in the context of increasing data processing on the Internet and the development of the IT industry in Ukraine.
Main Consequences:
The adoption of the law will provide Ukrainian citizens with more rights regarding their personal data, including the right to be forgotten and data processing restrictions. It will create favorable conditions for Ukrainian businesses, particularly IT companies, to enter the European market, increase their competitiveness, and attract foreign investments. The draft law also provides for strengthening sanctions for data processing violations, which will increase companies’ responsibility for protecting personal data.
This law is an important step towards Ukraine’s European integration, allowing the country to adapt to the requirements of the EU Digital Single Market.
Analysis of Other Documents:
1. The Committee on Human Rights, Deoccupation, and Reintegration of Temporarily Occupied Territories of Ukraine supports the draft law on personal data protection. They recommend adopting the draft law in the first reading, taking into account the expressed comments and suggestions. This demonstrates their positive attitude towards the legislative initiative and willingness to contribute to its improvement.
2. The main provisions of the document aim to harmonize Ukrainian legislation with global personal data protection standards, such as Convention 108 and Regulation 2016/679. The draft law defines new terminology, establishes data processing principles, prohibits processing sensitive data without proper grounds, consolidates expanded rights of data subjects, and defines the obligations of controllers and operators. The introduction of new fines for violations, which should stimulate compliance with the legislation, is also important. The document provides for amendments to related laws, for example, in the field of electronic communications, which may affect various business sectors. During the discussion, the committee emphasized the need to refine the text to align with European standards and national legislation.
