On April 6, 2021, a round table “Sensitive Personal Data Processing: International Standards and the National Context” was held. The event is part of a campaign to discuss the Draft Law of Ukraine “On Personal Data Protection” with the public and professional community.

The online discussion was initiated by the Verkhovna Rada Committee on Human Rights, Deoccupation and Reintegration of Temporarily Occupied Territories in Donetsk, Luhansk Regions and Autonomous Republic of Crimea, National Minorities and Interethnic Relations, the Verkhovna Rada Committee on Digital Transformation, the Office of the Ukrainian Parliament's Commissioner for Human Rights with the support of the Joint Project “European Union and Council of Europe working together to strengthen the Ombudsperson’s capacity to protect human rights”.

During the event, participants discussed international standards for sensitive data processing, the Draft Law of Ukraine “On Personal Data Protection” in the context of sensitive personal data processing, the Draft Law of Ukraine “On State Registration of Human Genomic Information”, etc.

Olena Lytvynenko, Deputy Head of the Council of Europe Office in Ukraine, said in a speech that the Council of Europe had recently updated the Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data, which is celebrating its 40th anniversary this year. In addition, the European Union has also updated its legislation on personal data protection. Olena Lytvynenko emphasized: “The reforms implemented by the EU and the Council of Europe in the field of personal data protection are quite complex, but with many benefits for people and businesses. That is why I would like to draw your attention to the need for Ukraine to ratify the Protocol amending Convention 108, as the updated provisions of the Convention have significantly updated its guarantees and taken into account all the challenges that currently exist in the field of personal data protection.”

Participants of the working group on the draft law on personal data protection consider one of the tasks of the draft law to bring Ukrainian legislation to European standards.

Olena Lytvynenko noted that the Council of Europe welcomes such steps and expressed hope that the recommendations provided by Council of Europe experts to the new draft law would be taken into account.

The event was also attended by Nataša Pirc Musar and Oleh Zayarnyi, consultants of the Joint Project “European Union and Council of Europe working together to strengthen the Ombudsperson’s capacity to protect human rights”. Nataša Pirc Musar presented the definition of sensitive data processing, international standards of security guarantees and the responsibility of controllers. Oleh Zayarnyi spoke about the processing of DNA and human genomic information, and what is the risk to the rights and freedoms of the personal data subject posed by the development of technology.

The Council of Europe Office in Ukraine is ready to continue to work to address personal data protection issues and to support human rights initiatives.

Reference:

The Joint Project “EU and Council of Europe working together to strengthen the Ombudsperson’s capacity to protect human rights” is aimed at ensuring better protection of human rights in Ukraine and enhancing operational capacities of the Ombudsperson’s Office in particular in the area of ensuring the protection of the right to privacy and personal data. The project is funded by the European Union and the Council of Europe.

Legal analysis of the main models of institutionalisation of the state supervision with regard to personal data and access to public information in Ukraine, prepared by Volodymyr Venher and Oleh Zaiarnyi, CoE national consultants within the Joint Project “EU and Council of Europe working together to strengthen the Ombudsperson’s capacity to protect human rights”.