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22.12.2003

MPs did not endorse the draft of the law on the Unified Register of personal data

   

The Supreme Rada Committee in charge of state structure and local self-rule did not endorse the law on the Unified Register of personal data. The law draft stipulates the organizational, juridical and economic grounds of the creation and maintenance of the unified system of the registration and identification of the persons, who permanently reside in Ukraine.

The draft establishes the procedure of forming the informational fund of the Unified Register and the procedure of the registration of the information about a person: the data obtained from the corresponding state organs and directly from the persons will be recorded in the electronic form by the registration organs. At that a physical person will have the right to register the information about his/her residence on his/her own, and this will not be obligatory, communicates the Informational directorate of the Supreme Rada of Ukraine.

So, the adoption of the law will create the conditions for the complete realization of the constitutional right of physical persons, who stay in Ukraine on the legal grounds, to reside where they want. This is the main difference between the proposed principle of registration, which has the «informative» character, and the «permissive» propiska institute that exists now.

The members of the Committee believe that one of the essential drawbacks of the draft is the absence of distinct definition of rights and duties of the organs of registration of personal data and the administrator of the Unified register, of the mechanisms of the cooperation of these organs, the procedure of the renovation of the data in the Register and the procedure of the appointment to the post of the administrator of the Unified Register.

The draft also ignores the acute problem of registration of the homeless. Definitions of some terms, which are used in the draft, are absent, for example, «personal data» and «unique program-technical key-identifier». The definitions of such terms as «apatrides» and «foreigners» differ from the definitions given in the Law of Ukraine «On the Ukrainian citizenship».

It is also noteworthy that the realization of the draft provisions will demand the expenditures from the State Budget of Ukraine, but the accompanying documents to the draft do not contain any propositions concerning its financing, and this is a violation of the Regulations of the Supreme Rada of Ukraine. Besides, the MPs pointed out that the necessity existed to regulate legislatively the activities connected with the collection of personal data and guaranteeing the purposeful use of these data in the interests of human rights and national security.

The adoption of the discussed law draft is necessary now, since we need the mechanism, which would effectively promote the realization of citizens’ rights and would be directed at the harmonization of the system of registration of physical persons in the compliance with European norms.

Secretariat of the Council of Ukrainian human rights protecting organizations
www.rupor.org

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