Personal data under martial state: constitutional and legal restrictions and guarantees

The article examines the constitutional and legal nature of restrictions on the right to protection of personal data in martial law, as well as guarantees that ensure a balance between national security and human rights. The right to protection of personal data, enshrined in Article 32 of the Constitution of Ukraine, is an integral part of the right to privacy. Martial law, as a special legal regime, provides for the possibility of temporary restrictions on this right in order to ensure the defense capability of the state and public security. The article analyzes the relevant provisions of the Constitution of Ukraine, the Law of Ukraine “On the Legal Regime of Martial Law” and the Law of Ukraine “On the Protection of Personal Data”. Particular attention is paid to the practice of the Constitutional Court of Ukraine, which in its decisions emphasizes the need to comply with the principles of legality, proportionality and necessity when restricting constitutional rights. Key decisions of the Constitutional Court of Ukraine concerning the protection of personal data, in particular in emergency situations, are considered. The article identifies the main guarantees of personal data protection in martial law, including: legality of data processing, proportionality of restrictions, judicial control, transparency of state actions, and compliance with international standards. The author concludes that even in martial law, the state is obliged to ensure an adequate level of personal data protection, and also suggests directions for further research in this area. The expediency of taking into account international experience, in particular the practices of the European Union countries that regulate the protection of personal data, is proved. In these countries, even in emergency situations, a balance is maintained between ensuring security and respecting human rights. Ukraine should adopt such approaches as limiting the volume of data collected, establishing clear periods for their storage, and creating independent bodies that oversee the processing of personal data. In particular, it is advisable to develop mechanisms that would ensure the transparency of the actions of state bodies in the field of personal data processing, as well as guaranteeing the observance of citizens’ rights even in emergency conditions.