The Better Regulation Delivery Office (BRDO), in cooperation with the Ministry of Digital Transformation of Ukraine and with the assistance of the Digital Transformation Activity with support from USAID and UK Dev, organised an online discussion of challenges and opportunities for the open data sector in connection with the draft law 8153 “On Personal Data Protection”, which was adopted in the first reading. The event took place on 11 December 2024 and brought together more than 40 participants – government officials, civil society activists, analysts and open data experts.
Today, the protection of personal data is of particular relevance due to the growth of cyber threats and the need to ensure confidentiality. This issue is particularly acute in the interaction with government agencies that hold large amounts of information, as even public data often contains elements of personal data.
Personal data is any information that directly or indirectly identifies an individual. This may include traditional identifiers such as name, address or telephone number; digital data: IP addresses, cookies; geolocation data, as well as data reflecting physiological, psychological, economic, cultural or social characteristics. Automated data processing, including AI algorithms, increases the risk of privacy violations. That is why it is necessary to implement technical and legal protection measures.
Yanina Lyubyva, open data expert at the Ministry of Digital Development, Digital Transformation and Digitalisation, emphasised that open data and personal data protection should coexist, not conflict. Openness of information is the basis of transparency and accountability of the state, stimulates public control and development of innovations. At the same time, personal data needs to be protected, especially in the context of martial law, when the balance between openness and security becomes critical. Draft Law 8153 aims to establish clear rules for the use of data to prevent the leakage of sensitive information, which will support the development of open data as a driver of Ukraine’s digital transformation.
Taras Tarasenko, MP, member of the Verkhovna Rada Committee on Social Policy and Protection of Veterans’ Rights, noted that the draft law “On Personal Data Protection” is a complex legal document and requires wider communication. The society needs a big education campaign to make people understand what personal data is, how it can be used and protected. Our main idea is to ensure consistency between access to public information and personal data protection. To do this, it is necessary to adopt a draft law on the National Commission, a regulator that will ensure communication and perform functions in accordance with European standards.
Yulia Derkachenko, Representative of the Commissioner for Information Rights, added that ensuring the right to access information, in particular in the form of open data, and protecting personal data are critical. The level of data protection in Ukraine should be in line with EU standards. The results of more than fifty bilateral meetings with the European Commission have identified the need to adopt legislation on personal data protection in full compliance with European standards. The Office of the Commissioner is ready to become an educational platform in the field of personal data protection and access to public information, including open data.
Liliia Oleksiuk, coordinator of the working group on draft law 8153, noted that Ukrainians need to understand how their personal data is used and what rights they have in this area. The processing of personal data requires clear legal grounds. For example, health data, genetic or biometric data are processed under special conditions and cannot be made publicly available. Now, more than ever, it is important to find a compromise between providing access to open data and protecting privacy. And this involves not only legislative changes but also a broad information campaign for business, government and society.
Representatives of the public sector (NGO PrivacyHub) and open data experts (YouControl) also joined the discussion of challenges and opportunities in the open data sphere. They spoke about the interconnectedness of both areas, their parallel development, practices of protection and violation of personal data processing in European countries, and the problems of the sphere in Ukraine. The open data experts highlighted the challenges that stakeholders face in view of the rather strict regulation in the field of personal data protection.
In general, all participants of the online discussion agreed that finding a compromise between data openness and privacy protection is a strategically important step for the development of the open data sphere. Both the transparency of public administration and the security of personal data of each citizen depend on it. To successfully solve this problem, coordinated work of all stakeholders in this area and consideration of the best international practices are required.
This is just one of the stages of discussion of the draft law 8153, which is being prepared for consideration in the second reading. The BRDO invites all open data experts and stakeholders to join the discussion and express their opinions and suggestions on the topic of personal data and draft law 8153 within the Data+ communication platform. Building a quality dialogue and trust will contribute to the harmonious development of both critical areas.
You can watch the full video of the event on YouTube here.
The Data+ communication platform was developed by the Ministry of Digital Transformation of Ukraine and by the Digital Transformation Activity with support from USAID and UK Dev. Implementing partner is the BRDO.