Personal data protection: the problems within the national, supranational and international legal regulation

Abstract

Adopting the Law “On personal data protection” in 2010 caused the emergence of problems of theoretical and practical character. In particular, it is important to analyse the legal bases of the process of personal data protection, generalization of the norms of international and supranational law, foreign experience in this area. This allows to ascertain the conformity of national legislation to existing international standards, to identify ways of increasing efficiency, eliminating contradictions and gaps. This article analyses Directive of the European Union, Charter of fundamental rights of the European Union, the General regulations for the protection of personal data and other acts. The right of personal data protection is seen not as an absolute, and as such, holds an important place in conjunction with other fundamental rights, and provided in the legal relations between the EU and its members. A number of international organizations have actively participated in personal data protection. First of all, the Council of Europe, is not limited to, the Convention on the protection of human rights and fundamental freedoms, adopted by other international legal acts aimed at the protection of the right to access to information, the right to privacy and personal data protection, protection against cybercrime. This is Ministerial Declaration on the digital agenda for Europe Declaration of network neutrality, the Convention on the protection of individuals with regard to automatic processing of personal data (ETS No. 108), guide on human rights for Internet users. Sources of national regulation of personal data protection shall be the Constitution of Ukraine, laws of Ukraine ‟On protection of personal data”, ‟On information”, ‟On access to public information” etc. Attention is drawn to the obstacle of this issue – use not only the term ‟personal data”, but a number of other terms in scientific literature, legislation and judicial practice of that denote a roughly similar or the same concept: personal information about the person personified information about personal and family life of a person, the secret circumstances personal life secret personal life, information of a personal nature. Unfortunately, absence of acomprehensive analysis of their correlation, suggestions for optimal terms and concepts.