Personal databases in the conditions of developing the information society in Ukraine: theoretical and legal study of the regulatory regime

Abstract

The paper reveals the problematic mechanisms of legal regulation of the creation and use of personal databases in Ukraine. It is proposed to improve the current legislation in this direction by allocating a separate legal regime for vulnerable personal data about the subject. The negative features of the legislation include the identification of the concept of "information about an individual" and "personal data", in addition, the narrowing of the circle of those who are waiting for information, the lack of a list of personal data. In addition, there is no definition of personal data in the legislation that meets European standards. The problem is also that many provisions of the Law on Personal Data Protection are still not aligned with Ukrainian realities, remaining vague and unspecified. Liability for breaches of personal data law can be not only criminal but also administrative, but it does not become more lenient. That is why there is an urgent need to amend the Laws “On Information”, “On Access to Public Information” and “On Personal Data Protection” in order to harmonize them and achieve compliance with international human rights treaties to which Ukraine is a party.Key words: society, legal regulation, legislation, personal bases in Ukraine.