Andriy Gorbatenko, the Senior Associate of Legal Alliance Company, has delivered a report to the representatives of the pharmaceutical companies about the Personal Data Protection
On June 23, a seminar "Protection of personal data in the work of pharmaceutical market. Innovations in the Ukrainian legislation and international experience” was held in Kiev. Over fifty representatives of the pharmaceutical business, the authors of the Law, experts in the area of information and jurisprudence attended the seminar.
During the seminar, particularities of the application of the Law of Ukraine "On protection of personal data" in the pharmaceutical market were examined, including analyzing of the experiences and the best practices of foreign companies.
Andriy Gorbatenko, the Senior Associate of Legal Alliance Company, delivered a report entitled: "Strengths and weaknesses of legislation in the sphere of protection of personal data. Opportunities and risks for the pharmaceutical companies. "
In his report, Mr. Gorbatenko particularized aspects of the new law, namely, the definition of personal data (PD) and their bases, the turnover of PD, PD’s registration databases and notification regarding the PD bases, form and content of the consent for the use of the PD. During the presentation the goal of PD processing, the PD’s use by the employees of the owner (Manager) of the PD base, the definition of the PD obtained from the public sources, the PD, collection of which does not require the consent were analyzed, considered the possible liability for the use of the PD, as well as the regulations to be developed in connection with the adoption of the Law.
Summing up the report, Andriy Gorbatenko described the weaknesses of the Law, in particular the necessity to register every base of the PD; uncertainty regarding the consent’s form, the need to provide with a large number of notifications concerning the PD’s base; uncertainty about the formulation of the target of processing of the PD in the documents governing the owner’s base of the PD; inadequate legal regulation of the PD’s processing, obtained from the public sources; the need to obtain the consent for the processing of any PD; as well as the lack of clearly defined responsibility for breaching the Law.
