On January 27 2023 a round table on the occasion of Data Protection Day “Actual Issues of Personal Data Protection: Present and Future” was organised by the Office of the Ukrainian Parliament Commissioner for Human Rights together with the Council of Europe Project “Supporting Implementation of the European Human Rights Standards in Ukraine”. 85 participants joined to discuss the challenges and opportunities of personal data protection in Ukraine, in particular the issue of legislative improvement, data protection under war and cyberwar conditions, the use of artificial intelligence in data processing, data processing in migration procedures, etc.

The modernisation of data protection legislation has been defined as one of the key priorities in Ukraine. Currently, the main piece of legislation in the area in Ukraine is the Law of 1 June 2010 No. 2997-VI on Personal Data Protection which was amended several times as well as several regulations and by-laws. This legislation needs to be updated in light of the EU-Ukraine Association Agreement that aims to better align data protection legislation with the EU acquis as well as obligations under Convention 108. The state policy on digitalisation significantly mainstreamed the reform in the field of data protection and increased the role of the Ombudsperson’s Office in this process by conferring the institution the mandate to exercise control over the observance of legislation in the field.

Yulia Derkachenko, Representative of the Commissioner for Information Rights, emphasized the importance of updating legislation on personal data protection, outlined the important role of international organizations, and in particular the Council of Europe, which provide expert support on these issues. Special attention should be paid to the protection of personal data in wartime, which requires constant and consolidated efforts and interests in the development of this sphere on the part of the Ukrainian state and relevant institutions.

Victoria Galperina, the Programme manager of the Project, noted the comprehensive support for the activities of the Ombudsperson’s Office and highlighted the importance of updating the legislation on the protection of personal data and the creation of new legal frameworks in the context of Ukraine's movement to associate membership in the EU.

Liliya Oleksyuk, Head of the All-Ukrainian Association "Information Security and Information Technologies" outlined the prospects for updating the legislation on the protection of personal data in Ukraine. She emphasized the importance of obtaining the data of children who went abroad and were taken to the occupied territories as a result of the military aggression of the Russian Federation, which is possible only if the Ukrainian legislation is updated in accordance with European standards.

Dijana Šinkūnienė, Consultant of the Council of Europe, former Deputy Director of the State Data Protection Directorate of the Republic of Lithuania, independent data protection consultant, emphasized the importance of the implementation of international standards of personal data protection and their introduction into the legislation of Ukraine.

Andriy Nikolayev, the chief expert on personal data protection of the EU4DigitalUA Project (FIIAPP), highlighted the practical aspects of personal data protection. He focused his report on the role of artificial intelligence (AI) in processing personal data and generating information about a person. This includes facial recognition, photo analysis, predictive analytics, multi-source data analysis, fraud detection, terrorism prevention, and more.

Legislative provision of personal data processing in migration procedures during the period of martial law in Ukraine, national and international standards were highlighted in the presentation by Oleg Zayarny, Doctor of Law, Professor, Professor of the Department of Intellectual Property and Information Law of the Educational and Scientific Institute of Law of the Kyiv National Taras Shevchenko University, member of the Scientific Advisory Council at the Supreme Court.

George Paparyga, Member of the Public Organization "Institute for the Study of Cyber War", addressed the issues of the relevance of personal data protection in the context of cyber warfare. He outlined the importance of data protection in the conditions of rapid digitization. Cyber resilience is an important component of digital product security as it relates to digital applications. Therefore, considering issues regarding the use of dangerous data, resources where they are stored, should be regulated at the level of legislation.

The discussion during the round table also touched on the issues of responsibility of data managers, including centers for providing administrative services, regarding the protection of personal data. Personal and sensitive information in various digital systems and software products, such as UBER, social networks, etc., became an important topic of discussion.

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The Council of Europe project "Supporting Implementation of the European Human Rights Standards in Ukraine" is aimed at supporting the effective implementation of European human rights standards, combating ill-treatment and rehabilitation of torture victims, strengthening the operational capacity of the Ombudsperson’s Office, as well as supporting the protection of the right to privacy and personal data.