| Article title | The System of Special Civil Law Remedies for Protection the Right to Personal Data |
|---|---|
| Authors |
YULIIA BIELOVA
Lawyer Lawyer about the “Schiglov and Partners” (Kyiv, Ukraine) belova@shchyglov.com
|
| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 1 / 2019 |
| Pages | 314 - 327 |
| Annotation | As a consequence of information technologies development today, such information objects as personal data turn out to be the target of illegal encroachments increasingly often and, therefore, require legal protection, primarily under civil law, given its preventive and preclusion, rehabilitation and compensatory orientation. The purpose of the article is to determine the system of special remedies under civil law to protect the right to personal data. It is determined that the system of special remedies under civil law designated for the protection of the right to personal data includes: 1) submitting an application to the personal data holder and/or manager (non-jurisdictional form) containing a reasoned request (an objection to personal data processing; a request for change of personal data; a request for destruction of personal data; for cessation of any other violations of the personal data protection legislation; 2) submitting an appeal to the Commissioner of the Verkhovna Rada of Ukraine for Human Rights against the activities of the holder, manager, third parties with regard to personal data processing (a decision to postpone or deny access to personal data; a decision refusing to satisfy the reasoned request of the personal data subject containing an objection to personal data processing, and also a request for such data change and/or destruction; any other decision, action or omission which infringes upon the personal data protection legislation; 3) filing a lawsuit to court (with the aim of binding the personal data holder and/or manager to grant access to personal data; binding the personal data holder and/or manager to stop personal data processing, change personal data, destroy personal data; with the aim of using other remedies under civil law to protect own personal data from unlawful processing and accidental loss, destruction, damage due to deliberate concealment, failure to provide or late provision, as well as for protection against provision of information which is inaccurate or denigrate the honor, dignity or business reputation of an individual.
|
| Keywords | personal data; right to personal data; remedies of protection under civil law; remedies of personal data protection |
| References | List of legal documents |
| Electronic version | Download |