Protection of personal data of the employee

Abstract

The article draws attention to the fact that today, in the conditions of a developed information environment, the wide spread and use of various information technologies and systems, the maintenance of automated databases, on the one hand, significantly simplifies the provision and use of information, on the other hand, the risk of illegal interference in personal data increases and family life of a person and misuse of his personal data.

The entry into employment is preceded by the work of the employer’s personnel service on personnel selection, within which personal information is received from job applicants. The personnel service is also responsible for the collection, processing, storage and use of data about employees. Today, the use of various telecommunication systems and automated databases in this process increases the risks of disclosure of the employee’s personal information, which may cause him material or moral harm. So, modernity presents authorized state bodies and employers with the task of ensuring reliable protection of personal data of employees.

The article examines the views of scientists regarding the categories “human rights protection” and “employee personal data”. Problematic aspects of the Code of Labor Laws of Ukraine, the Law of Ukraine “On Protection of Personal Data” and the draft Law of Ukraine “On Labor” regarding the completeness of legal regulations on the protection of personal data of employees are outlined.

An author's definition of the terms “employee personal data” and “employee personal data protection” is proposed. Personal data of an employee is any information related to a specific natural person working on the basis of an employment contract, provided to the employer or collected by him in accordance with the law. The protection of personal data of an employee is the use of opportunities (tools) provided by law for the prevention of offenses in the field of collection, storage, use, destruction, dissemination of information related to a specific natural person working on the basis of an employment contract, termination of the specified offenses and renewal of violated rights in this area.

Proposals for improving national legislation in the field of protection of personal data of employees are provided. In particular, it is proposed to supplement the Code of Labor Laws of Ukraine and the draft Law of Ukraine “On Labor” with a separate article “Protection of employee’s personal data”, which provides for the definition of the terms “employee’s personal data” and “employee’s personal data protection”; establish a list of information that is the employee’s personal data; establish the employer's obligation to protect the employee's personal data; establish disciplinary and material liability for employees performing work related to personal data processing for violation of personal data protection legislation, as well as material liability for employers for violation of personal data protection legislation.