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ORDER OF THE COMMISSIONER FOR HUMAN RIGHTS OF THE VERKHOVNA RADA OF UKRAINE

of January 8, 2014 No. 1/02-14

About document approval in the sphere of personal data protection

In pursuance of requirements of Articles 6, 9, 22, 23, 24 Laws of Ukraine "About personal data protection" PRIKAZYVAYU:

approve enclosed:

- Standard procedure for processing of personal data;

- Procedure the Representative of the Verkhovna Rada of Ukraine for human rights of control of compliance with law about personal data protection;

- The notification procedure of the Representative of the Verkhovna Rada of Ukraine for human rights about processing of personal data, represents extra risk for the rights and freedoms of subjects of personal data, about structural division or the responsible person, will organize the work connected with personal data protection in case of their processing and also promulgation of the specified information.

Representative of the Verkhovna Rada of Ukraine for human rights

V. V. Lutkovskaya

Approved by the Order of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine of January 8, 2014, No. 1/02-14

 

Standard procedure for processing of personal data

1. General provisions

1.1. This Procedure for processing of personal data (further - the Procedure) determines general requirements to processing and personal data protection of subjects of the personal data processed fully or partially using the automated means, and also personal data containing in card-index or subjects to entering into card-indexes using not automated means.

1.2. Owners, managers of personal data independently determine procedure for processing of personal data, considering specifics of processing of personal data in various spheres, according to the requirements determined by the Law of Ukraine "About personal data protection" (further - the Law) and this Procedure.

1.3. Requirements of this Procedure are considered in case of development of codes of behavior on processing of personal data by the professional, self-controlled and other public associations or legal entities according to article 27 of the Law.

2. Requirements to processing of personal data

2.1. The owner determines:

1) purpose and bases of processing of personal data;

2) categories of subjects of personal data;

3) structure of personal data;

4) procedure for processing of personal data, namely:

- Method of collection, accumulating of personal data;

- Term and storage conditions of personal data;

- Conditions and procedure of change, removal or destruction of personal data;

- Conditions and the procedure of transfer of personal data and the list of the third parties to which personal data can be transferred;

- Procedure for access to personal data of persons performing processing and also subjects of personal data;

- Measures of ensuring personal data protection;

- The procedure of preserving information on the transactions connected with processing of personal data and access to them.

2.2. In the cases provided by the Law, the owner also determines obligations and the rights of persons responsible for the organization of the work connected with personal data protection in case of their processing.

2.3. Procedures of processing, the term of processing and structure of personal data shall be pro rata to the processing purpose.

2.4. The purpose of processing of personal data shall be accurate and legal.

2.5. The purpose quitrents of personal data shall be determined prior to their collection.

2.6. In case of change of particular purpose of processing of personal data on the new purpose which is incompatible with previous for further data processing the owner of personal data, except the cases determined by the legislation shall receive the consent of the subject of personal data to processing of its data according to the new purpose.

2.7. Processing of personal data is performed by the owner of personal data only with the consent of the subject of personal data unless such consent is not required by the law.

2.8. The consent of the subject to processing of its personal data shall be voluntary and informed. Consent can be provided by the subject in written or electronic form that allows to draw conclusion on its provision. The documents (information) confirming provision by the subject of consent to processing of its personal data which are stored the owner during time of processing of such data.

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