Адміністративна Відповідальність За Порушення Законодавства У Сфері Захисту Персональних Даних: Теоретико-правові Та Практичні Аспекти
Year: 2025
Type: article
Abstract: The article examines administrative liability for violation of legislation in the field of personal data protection in Ukraine. The purpose is to identify the shortcomings of the current administrative and legal regulations, to analyze its effectiveness and to formulate practical recommendations for improvement. The object of the study is the mechanism of administrative liability for offences in the field of personal data processing. The authors use the methods of system analysis, comparative jurisprudence, formal legal and empirical methods to analyze legislation, court decisions and the practice of the Ukrainian Parliament Commissioner for Human Rights. As a result, it is established that the current edition of Articles 188-39 of the Code of Administrative Offences is ineffective, contains evaluative wording, does not provide for adequate punishment for violations, and the court practice shows that it is difficult to prove the elements of the offence. A low level of law enforcement is identified due to the lack of clear procedural instructions and methodological recommendations for controlling authorities. The authors propose to amend the Code of Administrative Offences by specifying the corpus delicti, expanding the list of subjects of liability, and increasing the amount of penalties with due regard for the severity of the consequences. The authors substantiate the need to combine legal regulation with preventive measures, including raising awareness of entities processing personal data. The article provides a comparative description of the Ukrainian approach and the provisions of the GDPR, which allowed the authors to identify key differences and potential benchmarks for improving national legislation. In particular, attention is drawn to the need to harmonize terminology, control mechanisms and sanctions in accordance with European standards. The authors also analyse the concept of damage caused by the violation of privacy rights and emphasize the importance of defining clear criteria for its assessment. For the first time, the authors propose a specific algorithm for improving administrative and legal provisions in the field of personal data protection, including regulatory detailing of the offence, updating the competencies of regulatory authorities, digitalization of the process of recording violations and creation of an open register of violators. The practical value of the paper lies in the possibility of using the results of the study in the development of legislative initiatives, in the work of the Commissioner, the National Police, judicial authorities, as well as business entities that process personal data. The proposed provisions are aimed at strengthening the legal protection of an individual, increasing legal certainty and the effectiveness of prosecution. Keywords: privacy protection, information responsibility, powers of regulatory authorities, European approaches, access to information.
Authors: Ihor Kovbas, Mariia Kolotylo
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4412386645
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