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Liability for Violation of Personal Data Protection Law

June 2012 - Corporate & Commercial. Legal Developments by Asters.

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Recently adopted Law on Personal Data Liability (Law of Ukraine No. 3454-VI of 2 June 2011 "On Amendments to Certain Legislative Acts of Ukraine as to Increase of Liability for Violation of the Personal Data Protection Law") comes into force on 1 July 2012.

The said law provides for administrative and criminal liability of individuals, executives of legal entities as well as private entrepreneurs for violations in the sphere of personal data processing, namely for illegal and non-authorized disclosure. Also the Code of Ukraine on Administrative Offences and the Criminal Code of Ukraine are amended accordingly.

In particular, the statutory penalties will apply for the infringements of a personal data owner's rights which relate to personal data protection, untimely registration of personal databases, violations of data protection procedures, etc.

The incompliance with the requirements of the personal data protection law may result in administrative fines up to UAH 17,000. Further, both individuals and executives may face criminal liability for failure to comply with the rules on collection, storage, use, rectification, erasure, and disclosure of personal data.

In the worst case scenario guilty persons may be imprisoned for up to 3 years.