Problems of personal data protection under martial law were discussed at a round table
In the context of martial law, the issue of clarifying data on persons liable for military service has become particularly relevant. The state must have up-to-date information on the mobilization reserve. At the same time, this process is accompanied by legal problems.
Some of them were discussed during the roundtable «Protection of Personal Data under Martial Law: Peculiarities and Problematic Issues» organized and held by the Ukrainian National Bar Association's Committee on Human Rights Protection.
«There are many issues related to personal data handling that are not explained by the current legislation. In particular, the joint processing of personal data by different legal entities, subcontracting relations in the processing of personal data, etc., - explained Oksana Polotnyanko, Head of the Committee's Section on Personal Data Protection, noting some positive developments. - Recently, the Ukrainian Parliament Commissioner for Human Rights Dmytro Lubinets provided explanations to some of these problematic issues, which are freely available for review».
Oleksandr Marchenko, a representative of the Ombudsman's Secretariat, drew attention to the threats associated with the processing of personal data. «Today, access to personal information can become a means of influence, abuse and violation of personal freedom, and can threaten a person's safety and even life, - she said. - In this regard, persons dealing with the processing of personal data need to properly organize its processing and ensure the protection of personal data at all stages».
According to available statistics, in 2023, the Commissioner considered 2205 appeals related to violations in the field of personal data protection. Among them:
49% - illegal processing of personal data;
14% - access to own personal data;
16% - organization of personal data processing at enterprises, institutions and organizations;
21% - receiving recommendations and explanations.
The representative of the Ombudsman also said that last year 101 inspections in the field of personal data protection were conducted.
Oleksandr Shevchuk, the Council of Europe's expert on personal data protection, reminded that any personal data protection system has two components: legal and institutional. And all EU member states have had a separate authority for personal data protection since 1995. «The powers that the Office of the Verkhovna Rada Commissioner for Human Rights currently has in this area are insufficient, - the expert is convinced. - This is objective, because in the EU, each body has the right to initiate an inspection, conduct it independently and impose a fine on the offender. There is no need to draw up protocols, go to court or use any other mechanisms. This system has been in place since 1995 and has already proven its effectiveness».
The existence of problems in this area was confirmed by another expert in the field of personal data protection, who previously headed the Department for Personal Data Protection of the Ombudsman's Secretariat Andriy Nikolayev. «Having conducted more than a hundred inspections, I can say that, indeed, the situation with personal data protection is tense... I have not yet met a single organization or body that has not recorded violations, - he said. - However, it is necessary to distinguish between intentional violations and violations due to ignorance. In this regard, it is very important to pay attention to educational processes and legal culture, as this stimulates the development of legislation».
Iryna Smirnova, a member of the Committee's Council, shared with her colleagues the international court practice (Z v. Finland, Odiuvre v. France, S. and Marper v. the United Kingdom) and the practice of national courts (cases No. 804/4069/17, 580/9113/23).
Zhanna Grushko, a member of the UNBA NextGen, gave a legal assessment of the draft Law No. 8153 dated 25.10.2022 «On Personal Data Protection». She noted that according to the document, biometric data includes a signature, fingerprint, and digital face image. «But the Council of Europe says that in fact such data cannot be considered biometric, because it is only personalized information that can be transmitted from separate sources. Whereas a digital signature, fingerprint and digital image are identifiers that confirm the presence of certain biometric data», - the lawyer explained. In her opinion, the definition of biometric data in the draft law should be edited.
Z. Grushko also highlighted the liability for offenses in the field of personal data protection. The supervisory authority here is actually the Verkhovna Rada Commissioner for Human Rights, which conducts inspections and takes measures to impose sanctions on offenders. At the same time, the draft law does not propose any relevant changes to the Code of Administrative Offenses. «We can say that the fundamental points of this draft law provide for absolute mutual exchange of databases and electronic registers, but the biggest problem is that Ukraine should be able to receive information from foreign countries not only in criminal proceedings», - the lawyer added.
Popular news
Rule of Law Roadmap
Lidiya Izovitova: reform of the advocacy profession should make the profession stronger and individuals better protected
The Ukrainian advocacy community is finalizing work on a new version of the relevant law. The roadmap on the rule of law has set the fourth quarter of 2026 as the deadline for achieving results in this area. The draft is intended to ensure safeguards for the practice of law through mechanisms of accountability for violations.
Abroad
The first country to ratify the Convention on the Protection of the Professions of Lawyer
Bosnia and Herzegovina became the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer (CETS No. 226). The country signed the Convention on March 17, 2026, so it took just over seven months to ratify it.
Support
In Edinburgh expressed gratitude to those who are helping Ukrainian advocates and citizens
Since the start of the full-scale invasion, Scottish legal institutions and the Ukrainian community, with the participation of the UNBA, have been helping Ukrainian advocates obtain their qualifications and Ukrainians receive legal assistance. The parties are now planning joint professional and educational events.
Educational events
What to do when you need immediate protection in the LCIA
A dispute with a counterparty has been referred to the London Court of International Arbitration (LCIA), but it will take several weeks to appoint the arbitrators, and the client needs legal representation immediately? This can be achieved through an emergency arbitrator or expedited tribunal formation.
Educational events
An advocate's meeting with a client outside the office: how to conduct it without giving away too much
If a client suggests meeting in a public place, keep in mind that any name or amount mentioned aloud could be overheard by bystanders. Therefore, it’s important to plan ahead regarding the table, seating arrangements, and the scope of the conversation.
Legislation
The UNBA explained what could undermine the plan to introduce plea agreements
Information regarding who pays whom, how much, and on what grounds under a plea agreement must be made public. However, as long as this information is classified as a state secret or personal data, the court will continue to be able to close proceedings and restrict access to judgments.
Interaction
The UNBA and the German Institute for Eastern Law will prepare joint legal opinions
Ukrainian advocates and German legal scholars will jointly prepare comparative legal studies, expert opinions, and professional events. The UNBA reached this agreement with the Institute for Eastern European Law in Regensburg, which has been researching the laws of Central and Eastern European countries for nearly 70 years.
Educational events
What an advocate can delegate to an assistant, colleagues and AI — and what they cannot
An advocate can delegate even a complex lawsuit to an assistant, consult with colleagues daily, and ask artificial intelligence to find relevant case law. However, it is up to the advocate to proofread the document, verify every reference, and decide what to disclose about the client’s case.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection