Open AccessIndividual’s right to privacy protection
Author(s) -
N.I. Svadeba
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.65.23
Subject(s) - legislation , data protection act 1998 , the right to privacy , right to privacy , permission , law , personally identifiable information , normative , political science , information privacy , supreme court , internet privacy , consolidation (business) , business , human rights , computer science , accounting
The article is devoted to the individual’s right to privacy protection and the study of legal consolidation of the individual’s right to privacy of communication problems. Issues of respect for private life, generalized norms of procedural legislation of Ukraine and the European Court of Human Rights decisions on the admissibility of inter-ference by investigators in private life are studied there.The normative legal acts that regulate the procedure for obtaining the consent of an individual to the processing of his / her data are considered and researched there. On the basis of author’s conclusions the concerning improvement of the legislation in the field of data collection of physical persons - businessmen are substantiated. The article characterizes the basic principles of international legislation on the legal protection of information with limited access and foreign experience of its implementation. The positions of scientists on the protection of an individual’s personal life are analyzed. The positive novelties of the Law of Ukraine “On Personal Data Protection”, as well as the gaps in it are analyzed there. It was found that the consent of the personal data subject is the voluntary expression of the individual’ will (provided that the person is informed) to grant permission for the processing of his / her personal data in accordance with the stated purpose of its processing. The notion of unreliable information and the composition of the offense in the dissemination of such information are studied. Judicial practice is analyzed, in particular, the Supreme Court of Ukraine notes that the legal composition of the offense in the dissemination of inaccurate information is a set of circumstances such as dissemination of information, that is bringing it to the notice of at least one person in any way; the information disseminated relates to a specific individual or legal person, that is the plaintiff; dissemination of unreliable information. It is made generalizations of the experience formed in Ukraine and abroad concerning protection of individual’s private life. The conditions of application of refutation of unreliable information for protection of individual’s right to private life from the infringements which arise as a result of distribution of such information are studied there.