UA Typical Personal Data Processing Procedure

Documents in the Field of Personal Data Protection, approved by Order of the Ukrainian Parliament Commissioner for Human Rights No. 1/02-14 — Ukrainian Parliament Commissioner for Human Rights

Also known as: Типовий порядок обробки персональних даних, Наказ 1/02-14, Наказ Уповноваженого 1/02-14, Про затвердження документів у сфері захисту персональних даних

At a glance

Current version
Order No. 1/02-14 (edition of 19 September 2018, Order No. 55/02-18)
Published 19 September 2018. source
Status
In force
Next deadline
None announced
Who must comply
Personal data controllers and processors in Ukraine, which set their own processing procedures in line with the Law on the Protection of Personal Data and the Typical Procedure. source
Authority
Issued by the Ukrainian Parliament Commissioner for Human Rights under Articles 6, 9, 22, 23 and 24 of the Law on the Protection of Personal Data. source
Last change
None recorded yet

Order No. 1/02-14 of the Ukrainian Parliament Commissioner for Human Rights approves three binding documents: the Typical Procedure for Processing Personal Data, the Procedure for the Commissioner's control over compliance with personal data protection legislation, and the Procedure for notifying the Commissioner about processing that poses a particular risk to data subjects. The Typical Procedure applies to every controller and processor of personal data in Ukraine.

Recent changes

No changes recorded yet — we are watching, and nothing has been published.

Key dates

No upcoming dates
  1. The Commissioner approves the Typical Procedure for Processing Personal Data (Order No. 1/02-14)

Amendments

  1. Order No. 1/02-14 (edition of 19 September 2018, Order No. 55/02-18) AmendmentCurrent text

    Order No. 55/02-18 amended the Commissioner's inspection procedure, restating point 2.2 on who may carry out on-site inspections. source

  2. Edition of 26 June 2015 (Order No. 6/02-15) Amendment

    Order No. 6/02-15 restated point 2.2 of the inspection procedure. source

  3. Order No. 1/02-14 (as adopted) Major version

    The Commissioner approved the Typical Procedure for Processing Personal Data, the inspection procedure and the procedure for notifying high-risk processing. source

Who it applies to

The Typical Procedure binds every controller and processor; the notification procedure applies to controllers carrying out high-risk processing.

Typical Procedure
Sets general requirements for processing and protecting personal data processed wholly or partly by automated means or held in filing systems; controllers and processors set their own procedures accordingly (points 1.1 and 1.2). source
High-risk processing
Notification covers processing of data on racial, ethnic or national origin; political, religious or ideological beliefs; membership of parties, trade unions, religious or ideological organisations; health; sex life; biometric and genetic data; administrative or criminal liability; pre-trial investigation and operational-search measures; violence against a person; and a person's location or movements (notification procedure, point 1.2). source
Inspected entities
Individuals, individual entrepreneurs, enterprises, institutions and organisations of all forms of ownership, and public and local authorities that are controllers or processors (inspection procedure, point 1.1). source

How compliance is assessed

Controllers define and document their own processing and security measures, keep access and operation records, and assign a responsible person or unit.

Processing documentation
The controller defines the purpose and grounds, data subject categories, the data set and the processing procedure, including storage terms, transfers and protection measures (point 2.1). source
Security measures
Controllers and processors take organisational and technical measures at every stage of processing, keep a record of staff with access, and log operations on personal data (points 3.1, 3.5 and 3.11). source
Breaches recorded
Violations of the processing and protection of personal data must be documented by the responsible person or unit (point 3.20). source

Enforcement and penalties

The Commissioner inspects compliance, at most once a year for scheduled inspections, records findings in an inspection act and issues an order to remedy violations.

Inspections
The Commissioner carries out scheduled and unscheduled, on-site and off-site inspections; scheduled inspections of the same entity take place no more than once a year (points 2.1 and 3.3). source
Act and order
Findings are recorded in an inspection act; where violations are found, an order to remedy them is issued on its basis (points 5.1 and 5.10). source

Documents

  1. Law text Наказ Уповноваженого ВРУ з прав людини від 08.01.2014 № 1/02-14 «Про затвердження документів у сфері захисту персональних даних»
  2. Law text Закон України «Про захист персональних даних»

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