ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of June 22, 2012 No. 947/5

About approval of the Procedure by Public service of Ukraine concerning personal data protection of the state control of compliance with law about personal data protection

According to Article part one 22, part two of article 23 of the Law of Ukraine "About personal data protection", subitems 12-18 of item 4 of the Regulations on Public service of Ukraine concerning personal data protection approved by the Presidential decree of Ukraine of April 06, 2011 No. 390 of PRIKAZYVAYU:

1. Approve the Procedure by Public service of Ukraine concerning personal data protection of the state control of compliance with law about personal data protection which is applied.

2. To department of interaction with authorities (Zerkal O. V.) to provide this order on state registration according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of normative legal acts of the ministries and other executive bodies".

3. I reserve control over the implementation of this order.

4. This order becomes effective at the same time with entry into force of the Law of Ukraine "About modification of some legal acts of Ukraine concerning gain of responsibility for violation of the legislation on personal data protection" of June 02, 2011 No. 3454-VI, but not earlier than day of its official publication.

Approved by the Order of the Ministry of Justice of Ukraine of June 22, 2012, No. 947/5

Procedure Public service of Ukraine concerning personal data protection of the state control of compliance with law about personal data protection

І. General provisions

1.1. This Procedure regulates mechanisms of implementation by Public service of Ukraine concerning personal data protection (further - GSZPD) the state control of observance of requirements of the legislation on personal data protection by conducting checks of physical persons, physical litspredprinimatel, the companies, organizations and the organizations of all patterns of ownership, public authorities which are owners and/or managers of bases of personal data (further - the subject of check), and also registration and consideration of results of checks.

1.2. In this Procedure terms are used in such value:

permanent check - scheduled or unscheduled inspection of activities of the subject of check by authorized persons of GSZPD which is carried out in GSZPD based on the documents and explanations received from the subject of check without departure on the location of the subject of check and/or on the location of base of personal data;

exit check - scheduled or unscheduled inspection of activities of the subject of check by employees of GSZPD which is carried out on the location of the subject of check and/or on the location of base of personal data;

scheduled inspection - check of activities of the subject of check which is carried out based on the plan of conducting checks on the respective quarter and year;

unscheduled inspection - check of activities of the subject of check which is not provided in the plan of conducting checks.

Other terms in this Procedure are used in the value given in the Law of Ukraine "About personal data protection".

ІІ. Organization and conducting checks

2.1. Control of observance by subjects of verification of the legislation on personal data protection is exercised by GSZPD by conducting checks: planned, unplanned, exit and permanent. Scheduled and unscheduled inspections are exit and permanent.

2.2. It is performed based on the relevant order GSZPD. In the order GSZPD on conducting check are determined:

subject of check;

start date and end date of check;

structure of the commission to which conducting check is entrusted (further - the commission), with determination of its chairman;

legal basis of conducting check.

2.3. The commission shall include at least three officials of GSZPD. The commission chairman who is determined by the order GSZPD on conducting check heads the commission. The representative of GSZPD can only be the commission chairman.

The commissions can be involved in the procedure established by the legislation employees of other public authorities, including state bodies, executive bodies and law enforcement agencies, and also specialists (experts) (in consent).

If necessary the structure of the commission can be changed by the order GSZPD.

2.4. After signing by the authorized officer of GSZPD of the order on conducting check the commission chairman:

provides informing the head of the subject of check on conducting check by the direction of the message;

will organize work of the commission, determines circle of the questions which are subject to check proceeding from that, check is planned or unplanned;

distributes between members of the commission specific objectives for check;

provides coordination of work of members of the commission by preparation and conducting check;

determines the term of arrival of members of the commission on check.

2.5. Members of the commission take part in work of the commission and carry out the tasks set for them.

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