In response to the question concerning the protection of personal data: what is wrong with law №8153?

On November 20, 2024, the Verkhovna Rada adopted as a basis, in the first reading, draft law dated 22.10.2022, №8153, "On the Protection of Personal Data," within the framework of implementing the European-integrated General Data Protection Regulation (GDPR). Despite the noble intention of aligning Ukrainian legislation with European standards, the law has faced criticism from business representatives, the media, and the public.

We cannot overlook the validity of such criticism, as we share in the public's pursuit for transparency and effective governance.

One of the key activities of the NGO "ForestСom" is systematic monitoring of forest cover and combating illegal logging. Given this, a valuable tool for efficient monitoring is access to public information, particularly financial reports of individuals directly involved in logging operations.

What potential threats could law №8153 pose to the operations of ForestСom?

Despite imposing exorbitant fines on "violators" of the law, users of open data, up to 20 million UAH for individuals and up to 150 million UAH for legal entities, may be deterred. Despite the significant costs estimated at over 2 billion UAH for implementing the draft law, the risks associated with this draft law include:

• Limiting the rights of users of open data. Current legislation guarantees that public information in the form of open data (including personal data within this information) is permissible for further free use and dissemination for any lawful purpose. The provisions of the draft bill significantly restrict these rights by stipulating that the use of personal data obtained from these sources is only possible within certain limitations (consent, public interest, etc.).

• The draft law creates obstacles to combatting illegal business practices and corruption. The use of open data promotes transparency in business operations, civil society development (making critical information more accessible to the public), anti-corruption efforts (journalistic, anti-corruption investigations), and other positive changes in the country. Conversely, the proposed restrictions on the use of open data will narrow existing guarantees. Thus, the situation regarding transparency and accountability of public authorities, as well as the fight against corruption, will deteriorate significantly.

Therefore, we believe that the document may impede forest protection efforts. A significant part of the forest protection process involves tracking and exposing individuals directly contributing to the destruction of hundreds of hectares of forest cover.

We urge a thorough analysis and revision of draft law №8153 to avoid additional costs and negative consequences for society and businesses.