International Data Protection Day is celebrated on January 28. Datagroup, as a company providing the services to the mass Internet user, attaches importance to compliance with data protection laws. Much attention is paid to this area in the company's compliance policy.
"The data protection issue is relevant in Ukraine due not only to the development of communications and automated information processing and storage systems but the creation of databases in administrative, medical, law enforcement, financial, marketing, and other areas.
As follows from the analysis of the data protection legislation in Ukraine, the state strives to ensure regulation of such protection, but lack of systematization of such regulation and inconsistency of regulations remain the main problem. We are also monitoring the development of new laws in this area, as it is important for businesses to understand what regulation will be and what is the best way to prepare for it,” Marianna Rozumna, Director for Compliance and Legal Support, said.
"We support updating the data protection legislation, and this is objective because, since 2010, when the primary version was adopted, the situation has changed, primarily due to digitalization. In addition, the need to update the data protection legislation follows from the Association Agreement with the EU."
"As a socially responsible company, we also support government initiatives to keep children and teens safe online, our experts also urge users to follow Internet behaviour rules that help keep their virtual and real lives safe, and we periodically print safety tips in leading media," Marianna added. The company's representative participates today in a press conference on the occasion of International Data Protection Day.
Currently two draft laws are submitted, on personal data and on the personal data regulator.
Both drafts have positive aspects, for example, on the regulation of video recording, delimitation of competencies of the operator and the controller of personal data, the requirements for the personal data subjects are defined, in general, the approach to regulation of this important area is updated. However, there is practical importance for the business that the new rules are clear to apply and there is a balance between rights and responsibilities. We should clearly understand the limits of our responsibility.
In that respect, Datagroup agrees with the opinions of many experts who suggest improving the conceptual framework of the draft law On Protection of Personal Data, thus ensuring compliance with the principle of legal certainty.
The draft law On Protection of Personal Data also includes a separate section on the specifics in the area of electronic communications, which sets different requirements than the basic Law On Electronic Communications.
For example, in terms of disclosure of information about a subscriber, the basic law stipulates providing such information only under a court decision, while the draft law On Protection of Personal Data (Article 40) offers to oblige providing "any" information requested by the controlling body (clause 6), thus unreasonably expanding the powers of the state body.
Consequently, the draft law On Protection of Personal Data should be amended according to the Law of Ukraine On Electronic Communications.
Datagroup, as a large system business, is already preparing for the implementation of updated legislation to meet consumer demands for the security of their personal data.