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State Service of Ukraine on Personal Data Protection.

State Service of Ukraine on Personal Data Protection. . Volodymyr Kozak , State Service of Ukraine on Personal Data Protection, Deputy Head, PhD. Prague, April, 2013 www.zpd.gov.ua Volodymyr.kozak@zpd.gov.ua. Data Protection in Ukraine.

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State Service of Ukraine on Personal Data Protection.

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  1. State Service of Ukraine on Personal Data Protection. Volodymyr Kozak, State Service of Ukraine on Personal Data Protection, Deputy Head, PhD Prague, April, 2013 www.zpd.gov.ua Volodymyr.kozak@zpd.gov.ua

  2. Data Protection in Ukraine • Data Protection Authority INDEPENDENCE • Activities 2011-2013 • 3. Special issues • trans-border data flow • civil society involving • 4. Perspectives

  3. Data Protection in Ukraine • Data Protection Authority INDEPENDENCE • State Service of Ukraine on Personal data Protection • is • the central body of executive power, • activity of which is directed and coordinated • by the Cabinet of Ministers of Ukraine • through the Minister of Justice of Ukraine

  4. Data Protection in Ukraine • Data Protection Authority INDEPENDENCE • State Service of Ukraine on Personal data Protection • is • the central body of executive power, • activity of which is directed and coordinated • by the Cabinet of Ministers of Ukraine • through the Minister of Justice of Ukraine OMBUDSMAN will be the Data Protection Authority of Ukraine

  5. State Service of Ukraine on Personal Data Protection • Activities 2011-2013: • PDP LAW awareness > 200 • sectoral legislation improving >50 • data processing registration> 60.000 from 2.000.000 • data subjects’ complaints > 2.000 • control and investigation > 60 • international activities = CEEPDA, IWGDPT, GPEN, .. • support of sectoral / corporative self-regulation • NGO’s involving

  6. State Service of Ukraine on Personal Data Protection trans-border data flow 1. EU-Ukraine & Ukraine-EU controller- controller data changing EU Standard Contractual Clauses isn’t enough EU-controller should take obligation: answer to exporter request answer to data subject request answer to DPA of Ukraine request 2. EU-Ukraine controller- processor data processing outsourcing EU Standard controller/processor Contractual Clauses isn’t enough data is processing in Ukraine jurisdiction, it exists Ukraine DPA power of supervising the data processing in Ukraine

  7. State Service of Ukraine on Personal Data Protection trans-border data flow 3. Ukraine – US CoE recommended Standard Contractual Clauses don’t work in practice US companies avoid of binding obligations

  8. State Service of Ukraine on Personal Data Protection civil society involving - support for corporative self-regulation: American Chamber of Commerce in Ukraine Code of Conduct, part one – data transfer from Ukraine European Business Association in Ukraine, IT-committee Code of Conduct – data import from EU Ukraine Interbank Payment System Members Association, Code of Conduct– data protection in anti-fraud IT-system 8

  9. State Service of Ukraine on Personal Data Protection civil society involving - support for corporative self-regulation: Ukraine IT Association Data Protection Code of Conduct (in project only) IT-service outsourcing Software Engineering (Privacy by Design, Privacy Enhanced Technology, etc) 9

  10. State Service of Ukraine on Personal Data Protection NGO’s involving Ukrainian Association of Personal Data Protection www.uapdp.org activities: Growing Awareness measures Conferences, Press-conferences Data Protection in Internet Memorandum national-wide mobile operators (Kyivstar, MTS) Data Processing Transparency monitoring ,.. 10

  11. State Service of Ukraine on Personal Data Protection perspectives independency: new draft Data Protection Act: State Service of Ukraine on Personal Data Protection should be liquidated UkrainianParliamentCommissionerforHumanRightsshould be new data protection authority 11

  12. State Service of Ukraine on Personal Data Protection problems and perspectives data protection units in government bodies data transfer from Ukraine to US who are controller of data processing on web-sites church agitation – no any personal data operations PD Enforcement Law – controller but no employee Nation Wide Registers/ e-Government Data Protection Issues NGO and Data Protection awareness, awareness, awareness 12

  13. Data Protection in Ukraine “critical importance of constitutional reform to create the necessary checks and balances..” constitutional reform Constitute the Independent Data Protection Authority 13

  14. Data Protection in Ukraine • Data Protection Authority INDEPENDENCE • Activities 2011-2013 • 3. Special issues • trans-border data flow • civil society involving • 4. Perspectives 14

  15. State Service of Ukraine on Personal Data Protection. Volodymyr Kozak, State Service of Ukraine on Personal Data Protection, Deputy Head www.zpd.gov.ua Volodymyr.Kozak@zpd.gov.ua THANKS for ATTENTION 15

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