THE CHALLENGES OF REFORMING THE PUBLIC ADMINISTRATION SYSTEM IN THE SPHERE OF PERSONAL DATA PROTECTION IN UKRAINE

Abstract

The article examines the problems of formation and development of public management mechanisms in the field of personal data protection in Ukraine. The international standards for the creation and operation of such bodies are analyzed, and the requirements they establish at the national level are given. The problems of the formation and development of public management mechanisms in the field of personal data protection in Ukraine are considered. A study of the problems of the activity and legal status of the State Service for the Protection of Personal Data was conducted, the reasons justifying its non-compliance with current international standards and requirements of the European Union were given. It was emphasized that the transfer of the functions of the institutional mechanism in this area to the Ombudsperson and her Secretariat had allowed to significantly improve the situation, but this format also has a number of shortcomings. The current proposals for the creation of new mechanisms for the protection of personal data in Ukraine, in particular the creation of the National Commission for the Protection of Personal Data and Access to Public Information, were analyzed. The shortcomings of the draft law, which may affect the independence of the future body, have been identified. It is proposed that the creation of a new body should take place in the format of the Information Commissioner, whose status and powers will be close to the status and powers of the Omdudsperson. At the same time the Commissioner is expedient to retain functions in the field of personal data protection, but within the framework of his constitutional mandate. It is emphasized that reforming the personal data protection mechanism will definitely become one of the requirements of the European integration process during Ukraine’s negotiations on joining the European Union.