Personal data protection in Ukraine via the prism of european judicial institutions’ practise

The current paper intends to examine the issue of information protection, particularly personal data, based on positive international experience, aiming to revise and improve personal information protection provisions in Ukraine. Since conventional norms necessitate the use of the evolutionary interpretation approach in the context of the dynamic development of societal life, the study’s materials were international legal regulations and the European Court of Human Rights and the Court of Justice of the European Union case law. Thus, notable cases were examined in order to shed light on the developing comprehension of sensitive data and the need for enhanced security. The analysis of the court practises regarding personal data protection was conducted using a combination of general scientific and specific legal methods, namely dialectical, analytical, formal-dogmatic, comparative-legal, systemic and predictive methods. As a result of the research, key standards for personal data protection were identified, and recommendations for improving Ukrainian legislation, particularly in terms of clarity and certainty, were developed. Recognising potential implementation challenges, the article advocates for ongoing research in this field to refine and strengthen personal data protection mechanisms in Ukraine.

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Publication Details

Journal
Estudios en Derecho a la Información
Published
2024-12-12
DOI
https://doi.org/10.22201/iij.25940082e.2025.19.19032
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Personal data protection in Ukraine via the prism of european judicial institutions’ practise

Iryna Sopilko, Valerii Andrusiv, Mykola Kotenko, Karagioz Ruslan et al.
Estudios en Derecho a la Información
Ukrainian Legal and Forensic Studies
article

Personal data protection in Ukraine via the prism of european judicial institutions’ practise

Iryna Sopilko, Valerii Andrusiv, Mykola Kotenko, Karagioz Ruslan, Hanna Yermakova
article en

Abstract

The current paper intends to examine the issue of information protection, particularly personal data, based on positive international experience, aiming to revise and improve personal information protection provisions in Ukraine. Since conventional norms necessitate the use of the evolutionary interpretation approach in the context of the dynamic development of societal life, the study’s materials were international legal regulations and the European Court of Human Rights and the Court of Justice of the European Union case law. Thus, notable cases were examined in order to shed light on the developing comprehension of sensitive data and the need for enhanced security. The analysis of the court practises regarding personal data protection was conducted using a combination of general scientific and specific legal methods, namely dialectical, analytical, formal-dogmatic, comparative-legal, systemic and predictive methods. As a result of the research, key standards for personal data protection were identified, and recommendations for improving Ukrainian legislation, particularly in terms of clarity and certainty, were developed. Recognising potential implementation challenges, the article advocates for ongoing research in this field to refine and strengthen personal data protection mechanisms in Ukraine.

Estudios en Derecho a la Información
Taras Shevchenko National University of Kyiv (UA), Interregional Academy of Personnel Management (UA), National Academy of Internal Affairs (UA), Kyiv University of Law (UA), National University "Kyiv Aviation Institute" (UA)
Openalex Percentile: Top 59%
Ukrainian Legal and Forensic Studies
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Personal data protection in Ukraine via the prism of european judicial institutions’ practise — Iryna Sopilko, Valerii Andrusiv, et al. · Estudios en Derecho a la Información (2024) | TGRS Research Map | TGRS