Personal data of the employee and their protection in conditions of digitalization

• Published in: Аналітично-порівняльне правознавство no. 3; pp. 188 - 193
• Main Authors: Sereda, O., Krasiuk, T.
• Format: Journal Article
• Language: English
• Published: 18.07.2023
• ISSN: 2788-6018; 2788-6018
• DOI: 10.24144/2788-6018.2023.03.33

The different approaches going near definitions «the personal data» and «personal data of worker», that is used in scientific researches, international law and Ukrainian legislation is studied in the article. It is found out, that in the current legislation the concept «the personal data of worker» and «protection of the personal data of worker» are absent, the same as norms that guarantee the protection of the marked data. As a result of the analysis, it was concluded that the employee’s personal data should be understood as any information related to a specific natural person working on the basis of an employment contract, and provided personally by such a person to the employer or collected by the latter in accordance with the law. The employee’s personal data should include information about the age, date and place of birth, citizenship, registration number of the taxpayer’s registration card, information on employment, health, level of education, proficiency in Ukrainian and foreign languages, marital status. And this list is not exhaustive. Attention is paid to the fact that the employee’s consent is the legal basis for providing the employer with and further processing of personal data. However, we note that this rule does not apply to labor relations. Every employer is forced to process the personal data of all its employees, because without this information, it will not be able to fulfill its obligations under the employment contract. At the same time, it should be borne in mind that the employer could process the employee’s personal data only in case of actual necessity and in the presence of legal grounds.It was emphasized that after the adoption by the European Parliament of the new Regulation on the protection of personal data (GDPR), the issue of compliance of the Ukrainian personal data protection system with EU standards has become even more urgent, since branches/representative offices of Ukrainian organizations/enterprises on the territory of the EU will need to be rebuilt in order to meet the new requirements work on the protection of personal data as well as make corrections. Therefore, after the entry into force of the Regulation, many companies faced with the problem of adapting the privacy policy to the provisions of this document. Unfortunately, the current Ukrainian legislation on personal data is outdated and inhibits, it creates obstacles in the implementation of innovative solutions both in the private (IT sector development) and in the public sphere (electronic democracy, digitization of administrative services, etc.).It was concluded that in the conditions of digitalization, it became necessary to systematize and codify national legislation in accordance with the norms of European legislation and to develop a single regulatory legal act that would regulate the collection, processing, and protection of personal data of employees at the legislative level.