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

Keywords: personal data; information technologies; databases; data processing.


The urgency of the problem under consideration is due to the outdated legal framework of Ukraine in the sphere of personal information circulation, which has been in existence for more than 10 years, given the significant gradual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.


1. General Data Protection Regulation. URL: % D1% 80% D0% B5% D0% B3% D0% BB% D0% B0% D0% BC% D0% B5% D0% BD% D1% 82_% D0% BF% D1% 80% D0% BE_% D0 % B7% D0% B0% D1% 85% D0% B8% D1% 81% D1% 82_% D0% B4% D0% B0% D0% BD% D0% B8% D1% 85 # cite_note-14
2. On the protection of individuals with regard to the automated processing of personal data: Convention No. 2838-VI of 28.01.1981, No. 108, was ratified by law. URL:
3. On the Protection of Human Rights and Fundamental Freedoms: The Convention of 04.11.1950 was ratified by Law No. 475/97-BP of 17.07.1997. URL:
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5. Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offenses or the execution of criminal penalties, and on the free movement of such data, and repealing the Council Framework Decision 2008/977 / JHA. URL:
6. On the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / eC (General Data Protection Regulation): regulation (eu) 2016/679 of the european Parliament and of the Council, of 27 April 2016. URL:
7. On the use of passenger name record (PNr) given for the prevention, detection, investigation and prosecution of terrorist offenses and serious crime: Directive (eu) 2016/681 of the European Parliament and of the Council, of 27 April 2016. URL:
8. The Case of “Gaughran v. the United Kingdom »from 02/13/2020 # 45245/15 URL:{%22itemid%22:[%22001-200817%22]}
9. The ECtHR has declared inadmissible the indefinite storage in the police biometric database. URL:
10. Constitution of Ukraine: Law of Ukraine of June 28, 1996 No. 254l / 96-BP // Vid. Of the Verkhovna Rada of Ukraine. 1996. No. 30. Art. 141.
11. About information: Law of Ukraine dated 26.10.1992 № 2658-XII. URL:
12. On Access to Public Information: Law of Ukraine 13.01.2011 No. 2939-VI. URL:
13. Issues of ensuring access to public information by executive authorities: Presidential Decree No. 547/2011 of 5 May 2011. URL:
14. On Approval of the Regulation on the National Police: Approved. Resolution of the Cabinet of Ministers of Ukraine of 28.10.2015 No. 877. URL:
15. On the National Police: Law of Ukraine of 5 July 2015 No. 580-VIII. URL:
16. On protection of personal data: the Law of Ukraine of 01.06.2010 № 2297-VI. URL:

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How to Cite
Ismailov, K. (2020). To the issue of personal information circulation in the national police databases. Fundamental and Applied Researches in Practice of Leading Scientific Schools, 38(2), 41-45.