PUBLIC MANAGEMENT IN THE FIELD OF PERSONAL DATA CIRCULATION AND PROCESSING
Journal Title: Порівняльно-аналітичне право - Year 2017, Vol 6, Issue
Abstract
The detailed characteristic of public management is provided and its essence in the field of personal data circulation and processing is disclosed. The bases for the necessity of existence of the national data protection authority, independent of the state authorities are determined. It is established that in the current legislation of Ukraine a competent and independent national data protection authority is established in accordance with Directive 95/46 / EU – authorized of the Verkhovna Rada of Ukraine on Human Rights, which implements an effective policy on the protection of personal data, and includes a report on the status of compliance with legislation in the field of the protection of personal data in the annual reports on the state of observance and protection of human and civil rights and freedoms in Ukraine. The inaction of the Antimonopoly Committee of Ukraine in relation to the implementation of paragraph 1 of part one of Article 3 of the Law of Ukraine «On the Antimonopoly Committee of Ukraine» regarding the control (supervision) on the observance of legislation on the protection of economic competition on the basis of the priority of consumer rights, in particular through the prism of guaranteeing the safety of circulation and processing of their data, is revealed. The necessity to improve the legislation in the part concerning the definition of other bodies of state power in relation to the observance of legislation on the basis of the rights priority of personal data subjects as users of information and communication systems is proved; the rights of the personal data subjects to determine the duration of the circulation of personal data; securing the obligation of the owners of the databases to provide users of these databases (the subjects of personal data) with the right to refuse to process their data; improvement of dispositions of legal norms concerning the establishment of liability in the sphere of circulation and processing of personal data.
Authors and Affiliations
М. В. , Різак
Keywords
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