Establishment and Further Development of the System of Legislation in the Field of Personal Data Protection (International Aspects)

Abstract

This article examines the rapid development of technology and the architecture of personal data protection systems (international aspects) in European Union (EU) legislation. It considers the history of the development of information resources and changes in the legal regulation of relations between countries participating in international conventions, the transformation of information about individuals into a separate field of personal data, which in modern conditions is becoming increasingly valuable, requires reliable protection, and deserves special attention in improving the architecture of its legal regulation.

The article analyzes how technological research and discoveries, as well as historical changes in international law norms in the field of personal data protection, have provided the basis for the development and improvement of national legislation in this area in individual EU countries. and the development of case law by the European Court of Human Rights and the Court of Justice of the European Union has led the authors to conclude that in the European Economic Area (abbreviated as EEA), there is a dynamically growing trend towards imposing fines for violations of the requirements of the General Data Protection Regulation (abbreviated as GDPR).

International conventions currently in force, in particular the GDPR, define the fundamental principles that participating countries adhere to when adopting their local legislation, because developments and changes in automated personal data processing technologies are happening too quickly.

The introduction of transparent regulatory and control mechanisms in the personal data protection system in some EU countries: from the foundation – the supervisory authority – to the roof – the data controller, in conjunction with high-quality bricks – professional data protection specialists – have created a high-quality architectural object where the rights of personal data subjects, the rights and obligations of administrative bodies, controllers, owners, and managers of personal data are delineated and protected. Studying the experience of such countries, their legislation in this area, and practical recommendations for its application can significantly reduce the time required to harmonize Ukrainian legislation with the GDPR.

The article uses historical, dialectical, systemic-structural, formal-logical, sociological, and comparative-legal methods of cognition.

The authors conclude that, given the current increase in the number of military conflicts around the world, it has become clear that personal data protection has become an extremely important component of national security for any country.

         Based on the results of the study, it was proposed to improve the architecture of the country's national legislation in the field of personal data and their protection in accordance with EU international conventions and Ukraine's European development course.