Deliberation on Right to Privacy in the Digital Age - United Nations Human Rights Council - Policy Paper Ukraine

INTRODUCTION

The right to information privacy has appeared as a mechanism of protection against uncontrolled dissemination of facts about a person’s private life and provides for the protection of a person’s personal data and other confidential information about him/her against their unauthorized collection, storage or distribution. Against the backdrop of rapid development of modern information technologies that make it possible to collect, process and disseminate information about virtually any person in unlimited amounts, the protection of a person’s information privacy gains particular importance. Development and expansion of the Internet have brought about unprecedented tools for communities to enjoy their rights and freedoms, including opportunities of free expression of their opinions and thoughts before a wider public, and prompt access to any information available online. At the same time, the threats related to abuse of such rights, spreading of hate speeches and unlawful interference with the right of privacy, have increased.

FOREIGN POLICY 

Relations with the G-7 states (Canada, France, Germany, Italy, Japan, the United Kingdom, the USA,); European integration (cooperation with the EU in economic, political spheres, and the Eastern Partnership);Euro-Atlantic integration;  Bilateral relations (Austria, Azerbaijan, Belarus, China, Czech Republic, Georgia, Hungary, Israel, Iran, Lithuania, Moldova, Poland, the Russian Federation [political and economic relations], Romania, Slovakia, Turkey); Regional cooperation (Asia-Pacific Region, the Middle East, Western Balkans, Baltic States, Visegrad Four, Northern Europe, South Asia, Latin America, SubSaharan Africa, Central Asia, the Black Sea Region).

RIGHT TO PRIVACY IN UKRAINE

The right to respect for private and family life is a fundamental right of every individual. Article 32 of the Constitution of Ukraine stipulates that no one shall experience an intrusion into his/her private and family life, and prohibits to collect, store, use confidential information about a person without his/her consent (save for cases determined by law). In 2015, ensuring of the right to privacy was identified as one of the strategic directions of the National Human Rights Strategy.  The Action Plan, developed by the Cabinet of Ministers of Ukraine for the implementation of the Strategy includes, inter alia, such measures as reviewing the grounds for operational investigative measures and covert investigative activities, determining an exhaustive list of grounds precluding any abuse of such a right, preparing recommendations on compliance with the law in the field of personal data protection during the application of video surveillance systems. The Law of Ukraine No. 2297 VI 'On Personal Data Protection' as of June 1, 2010 (Data Protection Law) is the main legislative act regulating personal data protection in Ukraine. On December 20, 2012, the Data Protection Law was substantially amended by the Law of Ukraine, 'On introducing amendments to the Law of Ukraine’ ’On Personal Data Protection' dated November 20, 2012, No. 5491-VI. Additional significant changes to Data Protection Law were introduced by the Law of Ukraine 'On Amendments to Certain Laws of Ukraine regarding Improvement of Personal Data Protection System' dated July 3, 2013, No. 383-VII which came into force on January 1, 2014.

In addition, data protection is regulated by:

• The Constitution of Ukraine dated June 28, 1996

• The Civil Code of Ukraine dated January 16, 2003, No 435 IV

• Law of Ukraine 'On Information' No 2657 XII, dated October 2, 1992

• Law of Ukraine 'On Protection of Information in the Information and Telecommunication Systems' dated July 5, 1994 No. 80/94 VR

• Law of Ukraine ‘On Electronic Commerce’ dated September 3, 2015, No 675-VIII 

• Some other legislative acts

Noting that such offences will be punished by a fine of 1,000 to 3,000 non taxable persons minimum income or restriction of liberty for up to 3 years.

CONCLUSION

We hope that the situation might improve for the right to privacy, but the future appears bleaker. Since the advent of a digital society with online accounts, organizations that harvest user data have amassed tremendous powers. While certain merits can be argued for collecting user data, an equivalent responsibility remains to regulate and secure any stored personal data. Our identities are the most valuable thing we own. They are a form of wealth: identity capital. We should expect our identities to be protected from embezzlement and exploitation.