“Recently, the Internet has been widely publicized information about individual cases of illegal collection of personal data by military commissariats future recruits and their families. In particular, military commissariats require future recruits fill the so-called “Information about the family conscript”, – stated in the petition.
In this regard, the Ombudsman noted that Article 32 of the Basic Law no be no interference in private and family life recruit, except as provided by the Constitution of Ukraine. The collection, storage, use and dissemination of confidential information about a person without his consent, except in cases specified by law, and only in the interests of national security, economic welfare and human rights.
According to of Article 6 of the Law of Ukraine “On Personal Data Protection” composition and content of personal data must be relevant, adequate and not excessive in relation in relation to a particular purpose processing.
However, in the above-mentioned “Help recruit the family”, which requires filling military commissariats, you must specify the personal data of the recruit and his parents who are “sensitive” personal data and processing of which is prohibited under the Convention on the Protection of Individuals with regard to Automatic processing of personal data (Article 6), the Law of Ukraine “On Personal Data Protection” (Article 7). As an exception, the processing of such data is permitted only in clearly defined by law.
Structure and content requested in the “Help the family recruits’ personal data does not meet one of the key principles of lawful processing of personal data – compliance, the adequacy and not excessive concerning particular purpose processing. Thus, the demand for military commissioners for completing the said certificate contrary to the Law of Ukraine “On Personal Data Protection”.
Considering the above, pursuant to Article 101 of the Constitution of Ukraine, Articles 13 and 15 of the Law of Ukraine “On the Verkhovna Rada of Ukraine on Human Rights”, in order to prevent human rights violations Valery Lutkovska requested the Stephen Poltorak 30-day the period to take measures to stop illegal military commissariats collection of personal data for future recruits and their families as well:
- Aligned with the legal requirements storage of personal data and recruits for military service, military commissariats stored in the personal file of conscripts and reservists;
- Ensure the destruction of personal data of reservists and conscripts collection and storage which does not comply with the law;
- To conduct explanatory work among the military commissariat officials on mandatory compliance of military registration of conscripts and reservists and personal data protection.