Are sellers exempted from the ombudsman notification
requirement?
At the end of May 2014, the Ukrainian
Ombudsman representative issued explanatory letter pertaining to
processing of personal data on person's location/motion paths
by those business entities (the
"Sellers") which use payment terminals
for the purpose of sale of goods and services.
The Ombudsman representative came to
conclusion that in the above case the Sellers do not process
personal data pertaining to location or motion paths of a certain
individual. According to the Ombudsman representative, name,
surname and card number delivered to the business entities for the
purpose of sale of goods/services are not sufficient to identify a
person and, thus, do not fall under the definition of
'personal data processing'. The Ombudsman
representative also pointed out that exact identification of the
person by the Sellers is generally prohibited by specialized
regulations.
