PROTECTION OF PERSONAL DATA DURING THE PERIOD OF MARTIAL LAW IN UKRAINE: GENERAL THEORETICAL ASPECTS

Abstract

The article analyzes the current state and directions of development of personal data protection in Ukraine under martial law. This is the current issue of the modern period, since the country is not only in the conditions of active military operations, but is also engaged in protecting the rights of its citizens at various levels - informational and state. 

Today’s needs for the protection of citizens and their legal right to the inviolability of personal data are a cornerstone for any civilized, legal and democratic country. Due to martial law, the destructive impact on the protection of personal data from abolishment, loss or unauthorized processing is constantly increasing, which adds importance and validity to further research on this issue. 

The article defines the fact that, despite the large-scale combat operations at the front line and what is happening in the rear, the rights of citizens to life, freedom, dignity and inviolability are fundamental in our country. They must be those that are undeniably and unconditionally observed by all entities of legal relations, starting from state bodies or military structures and ending with citizens themselves. Because this is one of the main criteria that will allow us to quickly integrate into EU and NATO standards and bring the national system of personal data protection into line with modern requirements. 

The article is aimed at considering and revealing the main issues related to the legal aspects of personal data protection during martial law, including the definition of restrictions on human rights and freedoms, powers to process personal data, data transfer, personal protection and protection of citizens from cybercrimes. The research is aimed at filling the scientific gaps in the disclosure of this problem and providing a theoretical analysis that will help to expand understanding and practical recommendations regarding the protection of personal data during the martial law in Ukraine. 

The authors also highlighted that the realities of martial law require the restriction of rights and freedoms within the limits and in the manner determined by the current legislation in the interests of national security, well-being, and human and citizen rights.