Parliament voted to enter vidstrochennya responsibility for violating the law "On personal data protection ." If the President does not pidpyshe this document , all of the company , byudzhetni pryvatni organizations and individuals may be severely pokarani .
The correspondent of "economic truth" visited the training Quoted yustu `i State Service for the Protection of Personal Data i with 50-HR-specialist has concluded that no violations of the law on data protection is impossible. Tatiana Lyutina many years working under the simplified tax system as a private Enterpriser - a natural person. Workers hired her there. To pass the tax inspektsiyu reports, she hired one of companies providing such services. After adoption of the Tax Code and the single tax rates changes, it froze its activities - filed for tax information that it is registered entrepreneurs, but their activity is not more lead. I taxes, respectively, no longer pays. Unexpectedly at the end of 2011 company, which served Lyutinu i zdavala its reports to the tax, sent a wonderful letter. It reported that from 1 January 2012 shall enter into force amendments to the Code of administratyvni offense i criminal code. According to these amendments i on the basis of the law "On personal data protection", which came into force is 1 January 2011, for failure from registration of personal data it faces a fine from 5100 to 8500 USD. In case if the database Lyutinoyi someone illegally gain access, the penalty will be 17 000 USD. Lyutiniy strongly recommended to send an email to the State Service for the Protection of personal data of their databases. Tatyana never knew that such a service exists. She did not know i of the laws. I is not absolutely rozumila, on which the database in question. What, actually, it should send in the Service? Navischo? These issues have not ilky in Lyutinoyi, and literally everyone - from the lone-ENTREPRENEUR to the largest companies, from poliklinik to the ministry. All were or nevidanni, or in a relaxed state. But so were those nowadays, until they were oprylyudneni sizes penalties. Whereas here I have all rushed to implement the law on data protection - who as WHO. One of the great avtodyleriv Ukraine during maintenance trucks provides customers with signature on paper, which is very vaguely written that kliyent agree to the processing and storage of his personal data. Many clients sign the it without delving into detail. Finally, what about the owner of the car dealer can know? Nat, address, derzhnomer machines, telephone ... In avtoservisi all this information without any law i needed, because nobody did not require information on sexual orientation. A well-known provider of cable internet i "will" was understood by the law otherwise. Now this company on zvoroti kvytantsiy, which she sends clients, informs that paying this kvytantsiyu, kliyent automatically agrees that his data will be processed, zberihatysya i once used. This text is quite spirnyy. First, the following things specified in dohovori between clients i company, and not kvytantsiyi. Second, the client denied the right choice - he can not pay the bill i refuse from the use of his personal data (in this case, nezrozumilo that is). On the other hand, lawyers of the company probably could not think of anything better - read the law on protection of personal data is misleading many. He is written so that it can be interpreted as anyone. In the company "will" said the text on zvoroti kvytantsiyi legitimate, compiled on the basis of current legislation and the law on personal data protection. "Since 2011 consent to the processing of personal data we get from each new subscriber. Without the identification of subscribers - physical persons in general do not provide such service. Identification of occurring in the first place, according to his personal data," - said Alina Sihda, head of press luzhby the company. Kseniya Lyapina - one of the deputies of Parliament, which seeks to change the law or, as a minimum, reduce vidstrochyty i shtrafni sanctions, which it ironichno calls "modest and pretty." MP explains why this law was passed. In 2010 YEAR Ukraine ratified "Convention for the protection of individuals in connection with the automatic processing of personal data." Without this document other country vidmovlyalysya transfer to Ukraine of the database. For example, if a European company orders a ukrainian software development for information processing, it wants the developer nose legal responsibility, which should be recorded in the Ukrainian zakonodavstvi this is what we i was not. Ukraine has ratified i Konvetsiyu. But this is not enough. Convention - is oriyentyr for zakonodavtsiv i executive, but this is not the document that corresponds to the question that i like to do in order to protect people and information about it. For this purpose the law. I such a law - the protection of personal data - was adopted i came into force on 1 January 2011. But it turned out that the quality of this document does not stand None of criticism, the law can be interpreted differently i do not have opportunities to perform. "Pay attention to the name of the Convention -" protection of individuals. "A Ukrainian law -" Data Protection ". We do not protect rights in connection with the fact that its Personal data processed by automated - says Lyapina. - We have, as always, protect papirets, not just papirets, and preferably a large scale so pidiyty to business: a state register. The key idea of вЂ‹вЂ‹the law absolutely not to defend the human right to pryvatnist, but rather to create a public database of databases which require control to protect. " The MP said that in zakoni such a thing as "database" is very vaguely described. In fact, the authors of the document - and that `Just Quoted -" skopipastyv "separate pieces of the Convention, which, as already mentioned, is only a" roadmap "for national legislation. "The authors of Ukrainian law gave the definition of database, called," as I want, so i understand how. "As a result there was a discussion between. That's you on the phone list of your friends, there surname, the names and numbers. I phone, according to the Law on Protection rights of personal data - this is a database that requires registration, "- explains Lyapina. HOW THIS understand Article 2 of the Law. Definition of terms In this zakoni ARE LISTED BELOW period shall have the following meaning of: database of personal data - imenovana ordered totality of personal data in electronic form and / or in the form of card indexes of personal data. The deputy also illustrates the operation of employment agencies. Such agency really create a database in which all are vidomosti for identification of human piece of data to process understands the goal - to find work. We can say that, transferring data, the person gives its consent to data processing. If the agency does not provide such data, how it finds a job? Navischo yet to write that person agrees that it include the base, but it is required by law? The same occurs with the i opening of bank account - in this case sends a kliyent required for opening an account the amount of data. No data - no account. "This act i how to do - just imitatsiya activity. SIMILAR purpose of legislation in Europe - to protect my right to pryvatnist. Well, that violates the right to pryvatnist avtoservis if you go ride serviced? It's biznesovi relations, you do not THOSE identyfikatory give them, which does not consider it is required, "- says Lyapina. Alexander Matviychuk with the Center for Civil Liberties adds that the law does not establish an independent monitoring of the collection, processing and use of personal data as required by the Council of Europe. "The Civil Service of Ukraine on protection of personal data created by Ministerstvi Justice of Ukraine, is located in the system of organs of executive power. Under such circumstances there is always a danger that the law can be used with another purpose than the protection of human rights" - said the expert. Matviychuk says that according to European standards, PERSONAL DATA DIVIDED INTO general data (surname, imya and middle name, date i place of birth, citizenship, place of residence) and vrazlyvi Personal data (data about health status, ethnic affiliation, attitude to religion , identyfikatsiyni codes or numbers vidbytky paltsiv, tax status, data on sudymist etc.). "But the Ukrainian law does not make this distinction. As a consequence, the literal interpretation of the law even distribution surname and imya person may zdiysnyuvatysya only with the written consent of a person. However, the law provides no opportunities to spread PERSONAL DATA if it is societal interest that is significantly limits freedom of speech. It is contrary to the provision of other laws, such as a law "On access to information publicly," - says Matviychuk. In her opinion, the law significantly complicates the control of data relations. For example, zobovyazuye povidomlyaty subyekta personal data for inclusion in its database of personal data. At the same time according to law, any processing of data so i is possible after obtaining the consent to such processing subyekta. nezrozumilym remains what such expediency DUAL message that is carried out exclusively in written form. "In general, the comments are almost every article this law, "- says Matviychuk. There are also several technical issues. For example, public or private clinic maintains its history of illness of patients hospitalized. Whether it is a database? Probably so. But in public clinics i poliklinikah these history written from hands - their not in electronic form. NEED to register in Derzhsluzhbi? Probably so. How? Submit all this mail? But navischo transfer history of the disease is a state authority, if there exists a Ministry of Health, which monitors Government institutions and Meditsinckie litsenzuye pryvatni? I If pity still further, then surely it is Ministry of Health must also submit their databases Derzhsluzhbi. tehnichne Another issue is that Gossluzhba on personal data protection has been established only in summer last year. Now shtati this service if it viryty this site has 12 individuals. Vice-chairman of this lava Confrontation Lilia Oleksyuk says it DEPARTMENTS in July last year received 18 applications for registration databases in August - 144 in September - 248, in October - 452, in November - 12,272. i in December - more than 400 thousand. "Letters, statements Mail now delivers mishkamy, i for today we still get THOSE statements, which were skladeni in December" - said Oleksyuk. According to public service, for today it has received two applications for registration of millions of bases. If the larger part of them was Sent by mail, how 12 businesses can process it, nezrozumilo. Moreover, these two applications should receive millions of messages (also email) that their database is registered. 12 yazykiv can not oblyzaty as many postage stamps. However, a document which confirms that the database is registered, Need, otherwise penalties can not be avoided. In addition, data, nadislani on paperi, it is necessary to digitize. in another case on which the database can we speak? How do the law? Judging from the data derzhzakupivli, Gossluzhba is ready to buy scanners and inshu engineering. they have a lot of time. I have one. Besides the database name i the purpose of its creation, it is necessary to inform Derzhsluzhbi where it is - namely, the address. Lyapina asks a rhetorical question "If information is on the server, and server simoma locks in my ofisi, everything is clear. And if the database on my fleshtsi or servisi cloud storage files? What is the address point me? '". Skladnoschi with the implementation of the law experts predicted a further stage of the bill," - says Matviychuk. In her opinion, a unique case when i human rights community - namely Helsinska Ukrainian union of human rights, i business, i Association of Ukrainian Banks appealed to the President of Ukraine with a request to veto this bill and send it for revision. Matviychuk on our own eyes have seen the process of registration databases: "With some difficulty we zitknulysya in practice. Eloquent were the divisions of application for registration of personal data at the end of 2011. They lined up on the street to enter the premises where the Gossluzhba on personal data protection. It so happened that I work in tiy YOURSELF Р±СѓРґiРІР»i, i have been days when just could not get to work. "Eskpert adds that the final picture we see when Gossluzhba will vidpratsovuvaty already approved their plan perevirok. Actually, all these lines i millions of letters vyklykani not only that law, however he was not to be done, and that sanctions for his failure to unprecedentedly zhorstki. I in zakoni not say in which cases are to be paid 300 non-taxable minimumiv, in which 700 . That is a broad field for Corruption. Matviychuk offers this comparison: violation of labor law and the protection of labor entails a fine of from thirty to one hundred untaxed minimumiv dohodiv citizens, and breach of legislation in the sphere of protection of personal data - from three hundred to four times the minimumiv dohodiv citizens. "In other words, if you are late nadislaly Derzhsluzhbi on the protection of personal data papirets with informaton, you pay a fine of four times higher than for non-payment of salary svidomu" - said the expert. Oleksyuk of State Service says that checks will begin not earlier second quarter. None But panika not recedes. To understand how the law on protection of personal data understand the Quoted in `yusti, Derzhsluzhbi i in business-spivtovarystvi, correspondent of" economic truth "vidpravyvsya on HR-committee meeting of the European Business Association and simultaneously - the training. The trainings conducted by the deputy chairman of Other State Service for the Protection of Personal Data - Vladimir Kozak, i Director of interaction with the authorities' Quoted yustu Elena Zerkal. Listen to these people's relatives came to 50 experts, mostly heads HR-departamentiv largest companies and lawyers. Volodymyr Kozak began to speak about the law, cite his article, but very quickly 50 hostile professionals of personnel began to ask questions. One of these issues sound like this: "I work in predstavnytstvi FOREIGN company in Ukraine. Our representation were send in registration in the State Service database. Are we done? "Kozak answered that the establishment is required to do it because it is not a legal entity. The one who asked this question said that zakoni this nothing was said. What Kozak advised to include logical thinking. And in three minutes Other representative public service, named `I find out which failed, said that the representation FOREIGN company still had to register their base. And Zerkal Quoted from` yustu nastiyno recommended "hire competent lawyer." In the hall went off rehit. Then fell question of "whether we have done, you vidpravyvshy database customers," "navischo trader with market recorded its base which i - zapysni books?". It became quite obvious that even specialists of high level really can not understand how to implement the law, because he, in their opinion, very raw. They wanted to hear the interpretation of the law against those who wrote it, i who intends to monitor its compliance. Zerkal But, hearing each in similar matters theatrical hapalasya his head, zakochuvala eyes, showing them prysutnim incompetence. Finally, she invited those wishing to come to her Quoted `Just i discuss each case separately (as to contact the Zerkal, you can find out here). Kozak was asked, and whether committed company" will ", writing on zvoroti Cash kvytantsiyi that kliyent, paying for it, give consent to the processing of his data. Deputy Head of State Service, based on the law on personal data protection, answered thus: "Have you read the treaty with" the will "- all written there." As povidomyla "Economic pravdi "Company" will ", this item is contained in the treaties signed on Client service after the entry into force of the law. In the old treaties, respectively, a point there. This text referred to kvytantsiyah attended for absolutely all clients - i new, i old who came to the company until 2011, so that while their consent to the processing of personal data laws was not provided. Kozak also denied that the checks of enterprises have already begun, though several times in his promovi recalled that "in the course perevirok were revealed classical error ... "Representative recruitment company Kozak asked whether one should consider a database of the names and contacts, collected from Facebook. The official said that personally he believes illegal situation, when his connection yazuyutsya through Facebook, for example, to offer work. On the question, whether he read the user agreement with Facebook, Kozak is not answered. During the training was appreciably that Zerkal and Kozak to go invent how to carry out the law in this or SUPPORT TO A PARTICULAR case. It seemed that they were improvizuvaly i nalashtovani their "disciples" excess aggressively. Vidpovidayuchy questions, what to do if a job pryyomi person refuses to sign the paper about the tax, i deposited its processing of personal data, mirrors gave the following recommendations: "Do not berit it to work." Note that