To the issue of personal information circulation in the national police databases

Abstract

The urgency of the problem under consideration is due to the outdated legal framework of Ukraine in the sphere of personal information circulation, which has been in existence for more than 10 years, given the significant gradual changes that have already taken place and are planned in the legislation of the member states of the European Union. And with the advent of modern information and telecommunication technologies, the issues of processing of personified information become even more urgent in view of respect for fundamental rights and freedoms of citizens. The purpose of the article is to analyze the current legislation of the European Union and Ukraine in the sphere of the circulation of personal information during the detection, prevention and investigation of offenses. Research methods. To achieve this goal, a number of scientific methods were used, namely: theoretical - to study and analyze national and international legal acts, scientific and methodological literature, summarize information to determine theoretical and methodological bases of the research; logical analysis - to formulate basic concepts and conduct classification; specific historical - to demonstrate the dynamics of the development of protection of personalized information about a person; dialectics - to determine the content and features of the constituent elements in the sphere of personal information turnover; empirical methods - to summarize the best practices of EU countries. Results of the research. The article analyzes the recent changes in the EU countries in the field of protection of fundamental rights and freedoms of citizens when processing personal data by law enforcement agencies. Particular attention is paid to the urgency of storing personal data in police databases. The article also gives examples of European countries' law enforcement models in the area of the circulation of personal information. Attention is drawn to the basic principles of the processing of personal data, which are set out in the documents of the «Data Protection Package» adopted by the European Parliament, namely: legality, fairness and transparency; target restriction; minimizing data; accuracy; storage restrictions; integrity and confidentiality. The main provisions of the normative legal acts of Ukraine are presented, which reflect the norms regulating the sphere of turnover of personal data. Practical importance. Thus, European legislation in the field of the circulation of personal information, which came into force in May 2018, significantly modernized the existing information relations. It is stated that in different EU countries there is an approach to regulating the timing of personal data retention in police bases, which should be compatible with the rights and freedoms of individuals. Changes in EU law go hand in hand with limiting the timeframes for finding information in police databases and differentiating information based on the nature of the crime, the person's age, time elapsed, and the person's behavior. Due to this, the legislator came to a balance between securing the right of privacy and property of a person for his personal data and the need to exercise the statutory functions of the state, performed in the interests of national security, protection of human rights and security. It is necessary to introduce in Ukraine a new model of personal data turnover, which will be based on the modern realities of accumulation, processing, analysis and dissemination of information, by changing the provisions of regulations in the specified field in accordance with the principles set out in the documents of the «Data Protection Package», which provide creating conditions for ensuring a consistent international legal framework for the protection of personal data.