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Personal data protection in Ukraine: how the inspections will be conducted

On July 16 the order of the State Service of Ukraine on personal data protection (SSUPDP) of state control over observance of legislation on personal data protection, approved by order of the Ministry of Justice of 22.06.2012 № 947/5 came into force.

According to the document, the control over observance of legislation on protection of personal data carried out by means of SSUPDP planned, unplanned, on-sight and off-sight inspections.

The checkup is conducted on the basis of the relevant order of SSUPDP, which is determined by:

- The subject of the audit;

- Start date and end date of the inspection;

- The commission entitled to carry out checks with its appointed Chairman;

- The legal basis of the audit.

Before starting the SSUPDP inspection , a copy of the order on the inspection of the location or place of residence of the subject checks is sent by registered mail 10 days before the start of the checkup.

Period of inspection shall not exceed 10 working days. Upon recommendation of the Chairman of the extension of an audit performed by an authorized officer of the SSUPDP, which has decided to conduct the inspection, but no more than 5 working days.

On July 1 penalties for violating the Law on Personal Data Protection entered into force. The law has been valid in Ukraine since 1 January 2011. Now, the violation of law is punishable by a fine of 8500 to 17000 UAH. The Act also provides for liability of correctional labor for up to two years, or restraint of liberty for up to three years and five years for repeated violation.

 Source: Biz.Liga.Net

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