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THE LETTER OF PUBLIC SERVICE OF UKRAINE CONCERNING PERSONAL DATA PROTECTION

of January 5, 2012 No. 09/46-12

By article 2 of the Law of Ukraine "About personal data protection" it is determined that the base of personal data is the referred to as set of the arranged personal data electronically and/or in the form of card-indexes of personal data.

Personal data - data or set of information about the physical person who is identified or can be specifically identified.

According to explanations of the Ministry of Justice of Ukraine of 14.01.2011. "The status of the physical person - the entrepreneur: problems of application of the legislation" each citizen has the right to the business activity which is not prohibited by the law (article 42 of the Constitution of Ukraine). This right is affirmed also in Article 50 of the Civil code of Ukraine. That is the citizen wishing to exercise the constitutional right on business activity after passing of the corresponding registration and other stipulated by the legislation procedures under no circumstances does not lose and does not change the status of physical person which it acquired from the moment of the birth, and only receives to it new sign - "entrepreneur".

By article 2 of the Law of Ukraine "About personal data protection" it is determined that personal data processing is any action or set of the actions performed fully or partially in the information (automated) system and/or in card-indexes of personal data which are connected with collection, registration, accumulating, storage, adaptation, change, resuming, use and distribution (realization, transfer), depersonalization, destruction of information about the physical person, and the referred to as and arranged set of such information electronically and/or in the form of card-indexes can be considered as base of personal data or its component according to the formulated purpose of processing and structure of these data.

Considering requirements of article 9 of the Law, bases of personal data are subject to state registration according to Regulations on the State register of bases of personal data and the procedure for its maintaining (further - the Provision) approved by the resolution of the Cabinet of Ministers of Ukraine of 25.05.2011 No. 616, and the order of the Ministry of Justice of Ukraine of 08.07.2011 No. 1824/5 "About approval of forms of statements for registration of base of personal data and about modification of data of the State register of bases of personal data and procedure for their representation" registered in the Ministry of Justice of Ukraine of 19.07.2011 at No. 890/19628.

 

Chairman of Service A. Mervinsky

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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