EMPLOYEE’S PERSONAL DATA TURNOVER AND PROCESSING IN CONDITIONS OF MODERN CODIFICATION OF THE LEGAL REGULATION OF LABOR RELATIONS IN UKRAINE
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2016, Vol 38, Issue 2
Abstract
It has been found that both in the Ukrainian labor legislation and in the project of the Labor Code the employer is obliged to collect the employee’s personal data at his/her recruitment. Thus, the employer acquires automatically the legal status of the personal data owner and administrator. It has been proven that it is not mandatory to receive a separate agreement of employee as the subject of the personal data for his/her personal data turnover and processing according to the labor legislation and requirements of the Law of Ukraine concerning the personal data protection, provided the above turnover and processing volume and mechanism comply with the normative and legislative acts. The legal conflicts between the labor legislation and the Law of Ukraine concerning the personal data protection have been found, in particular, concerning the term of the employee’s personal data keeping, which could be explained in accordance with Article 25 of a special law that specifies the possibility of limitation of action of separate norms of the law in the cases specified in the law to the extent that is necessary in the democratic society for the benefit of employees being the subjects of the above personal data, in particular, for charging the social benefits and other payments following from the labor relations.
Authors and Affiliations
М. В. Різак
Keywords
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