Lawyer under Article 182 of the Criminal Code of Ukraine — Disclosure of personal data

Personal data and human rights regarding one's own personal data

Personal data is an object that is most often subjected to unlawful encroachment.

The Law of Ukraine "On the Protection of Personal Data" provides a single definition of this concept in national legislation. Thus, personal data is identifying information about a specific person (name, address, citizenship, religion, etc.). Such data requires the greatest protection within the framework of the digitalization of social activity, in the field of e-commerce, where they are most often transferred to third parties.

Today, citizens have a number of rights regarding the management of their own personal data, including:

1. the right to know about the sources and purpose of collection, about the data controller;
2. the right to receive information about the conditions of access, information about third parties to whom it may be transferred in specially provided cases;
3. the right to prohibit access, processing of personal data;
4. the right to submit an application to the data controller to update information about processing;
5. the right to demand the destruction of personal data in case of unlawful processing (without proper consent on their part);
6. the right to protection against falsification of information about themselves in public sources, which may lead to attacks on honor, dignity and business reputation;
7. other rights provided for by current legislation.

The elements of the crime provided for in Article 182 of the Criminal Code of Ukraine

Disclosure of personal information is an infringement of the inviolability of a person's private life, which is punishable under Article 182 of the Criminal Code of Ukraine. Let us consider the main elements of this criminally punishable act.

First, the object of unlawful infringement may be information about education, family or property status, property status, that is, any data of private life that constitute a personal secret.

Secondly, the objective side of this crime consists in the unlawful collection, storage, use, dissemination (including in the public space) of information about a person's private life. Such actions will be unlawful only if there was no consent of the subject.

Thirdly, the subject of the crime can be any sane individual who has reached the age of 16.

Finally, the subjective side of the crime implies direct intent and awareness by the guilty person of the unlawfulness of such an encroachment and the possibility of negative consequences.

Actions that should be considered disclosure of personal data

As a rule, the disclosure of a person's personal data occurs as a result of direct use (any actions related to their processing by the administrator, third parties) or dissemination (any actions related to the transfer of information), including with consent to this. Regarding the latter, it is worth noting that the dissemination itself can be considered lawful even without obtaining consent, in cases where it is necessary in the interests of national security, economic well-being, or the protection of human rights.

Typical situations in which we can speak of the disclosure of personal data are as follows (in each of them, there is no consent of the personal data subject):

• transfer to third parties (except for exceptions from the law);
• publication in the public domain, disclosure during public speeches;
• unauthorized use for commercial, advertising, and other purposes, processing for purposes other than those specified during collection;
• information leakage due to a technical error of the administrator, a violation of the security of information systems;
• improper information about the transfer of information by failing to notify the subject about the transfer of his information to third parties.

Liability for disclosure of personal data

According to the sanction of Part 1 of Article 182 of the Criminal Code of Ukraine, disclosure of personal data provides for the imposition of the following types of criminal liability: a fine (151,400-302,800 hryvnias); corrective labor (2 years); restriction of liberty/probationary supervision (3 years). The second part of this provision provides for an increase in the punishment if there was a repeated disclosure or significant harm to the person as a result of this - restriction of liberty/probationary supervision (5 years) or imprisonment (5 years).

Support of a lawyer in a case of disclosure of personal data

Support of a lawyer is important for the effective protection of the rights of individuals. The services of a lawyer in criminal proceedings from the Law Firm “Prikhodko and Partners” include:

1. legal analysis of the case, determination of the legality of actions and construction of the legal position of the defense;
2. preparation of documents for submission to the court, collection of evidence and other necessary supporting documentation;
3. support in court, representation of interests during the trial;
4. other legal services necessary in the case of the client.

Conclusions. The modern digital world creates new challenges for the protection of human privacy. Article 182 of the Criminal Code of Ukraine provides for criminal liability for the unlawful collection, storage, use, and dissemination of confidential data. Legal assistance from a lawyer is important for the protection of the rights of an individual in the event of the disclosure of his personal information.

Contact the qualified lawyers of the Law Firm “Prikhodko & Partners” for reliable protection of your rights and interests in cases of disclosure of personal data! To receive a consultation, fill out the form below.