CCU ruled unconstitutional the collection of the Ministry of Finance citizens ‘ personal data

КСУ признал неконституционным сбор Минфином персональных данных граждан

CCU ruled unconstitutional the provision of the Finance law to receive personal data of Ukrainians

The constitutional court recognized unconstitutional the provision of the Ministry of Finance the right to receive information containing personal data.

The constitutional court on Thursday, October 11, recognized the unconstitutional provisions of the Budget code, which allowed the Ministry of Finance to collect personal data of citizens for verification of social benefits. On Thursday, October 11, the press service of the court.

The constitutional court came to the conclusion that such a practice is arbitrary interference in the fundamental human right to private and family life.

“The constitutional court considers that powers of the Ministry of Finance to receive free information containing personal data is discretionary, and therefore, it is imperative that they are consistent with the constitutional principle of the rule of law, in particular such elements as legal certainty and the prohibition of arbitrariness”, – stated in the message.

The constitutional court notes that the Ministry may be empowered to receive and process information containing personal data only to achieve the legitimate aim. However, due to the lack of any limits of discretion set by law on how to proceed with information containing personal data, excluded even the minimal protection of the data subject.

The result is Cuprinol the decision that certain provisions of the first subparagraph of paragraph 40 of section VI Final and transitional provisions of the Budget code on the right of the Ministry to obtain information containing personal data contrary to article 8, article 32 of the Constitution of Ukraine.

The decision of the constitutional court is binding, final and not subject to appeal.

Earlier, the Verkhovna Rada of Ukraine has appointed two judges of the constitutional court of Ukraine. In late September, KSU earned in full force.

 

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