SOME ISSUES OF THE SPECIAL REGIME FOR THE PROTECTION OF THE EMPLOYEE’S SENSITIVE PERSONAL DATA

Abstract

The authors of the article examine the current state and problems of the protection of personal data of employees in Ukraine in the context of European integration. Particular attention was paid to the analysis of the concept of "sensitive personal data", the content and scope of which was determined in accordance with international acts and the practice of the European Court of Human Rights. Attention is focused on the need to develop and implement adequate protective mechanisms capable of really protecting the personal rights and freedoms of the owners of personal data. As a result, the development of the personal data protection system is one of the most urgent tasks facing Ukrainian society at the current stage. Therefore, the protection of personal data and its improvement is not only the duty of the state, but must also be considered inseparably in conjunction with the protection of human rights and freedoms, including the protection of the right to respect for private life. It was determined that the establishment of qualifying features of an employee's personal data is essential for law enforcement practice. Attention is drawn to the fact that from the general list of personal data, special categories of personal data (they are also often characterized as sensitive) are distinguished, the processing of which is allowed only in clearly defined cases. Based on the analysis of EU case law, the authors indicate that the relationship between the right to privacy and the right to information must be considered through the principle of "proportionality", namely the right to the protection of personal data is not an absolute right, but must be considered in connection with it functional purpose in society. For certain categories of employees, the collection and processing of personal data (including sensitive data) may include extended information depending on the type of their activity, but work with such personal data must be determined at the level of law. Based on the conducted research, it is determined that the concept of sensitive (vulnerable) personal data should be understood as a certain set of personal data, the disclosure or other illegal actions of which lead to negative consequences, can significantly affect his employment and further career growth. In authors’ opinion, Ukraine should borrow these provisions and enshrine them in the legislation, outline in them the right of the employer to disclose sensitive personal data of the employee only in the event that their concealment may cause harm to other persons, in case of compliance with the provisions of the law in order to ensure legality and law and order.