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18/12/2011

Right to informational self-determination?

“Zerkalo Nedeli. Ukraine”  
46, December 16, 2011

Bek Marianna, Associate,
Oleksiy Volkov, Managing Partner, 
Volkov and Partners Law Firm 
 

A citizen of the modern information society is an individual whose personal data (PD) is processed automatically. Is it agreed with the constitutional principle of privacy?
 
A day-to-day environment.
You are an individual, participant of such legal relations as, for example labor ones. When getting a job you provide an employer with required private information, or PD, in other words, "the information about an individual who is identified or can be specifically identified." The employer will put it in its personal data database (PDD) of employees, and - congratulations - you've got the status of a subject of personal data (SPD). The employer in this case is the owner of PDD. This means that your personal data gets to be collected, stored, maintained, adapted, modified, renewed, used and distributed, depersonalized and even eliminated! In short, your data is handled through PDD. PD is processed by a person- manager of PDD appointed by the owner.
The owner may process your PD solely on the basis of you voluntary recorded consent (with the scope of data specified) in accordance with the stated purpose. In this case, the objective of data procession is linked to employment...


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