The duty of the Central election Commission to provide on request of the candidate in presidents of Ukraine copy of the electronic database of the State voter register corresponds to the other - to provide adequate protection of personal data of voters that belong to confidential information and protected by the Law of Ukraine "On protection of personal data".
The limitation of the place and the way to see a copy of the voter Register due to the need of personal data protection, all
Writes mediaUA with a link to the website of the Supreme Court, the conclusion arrived at by the SC in the composition of the panel of judges of Cassation administrative court examined the appeal in the case against the candidate on a post of the President of Ukraine to the CEC, in which he asked:
- to recognize the illegal actions of a Fee for providing electronic copies of the database state register of voters with the possibility of access to the premises and equipment of the CEC;
- to recognize the illegal actions of the CEC as illegal binding of the candidate on a post of the President of Ukraine to verify the completeness and accuracy of the personal data of the register only in the room and on the equipment of the CEC; to oblige the CEC to provide the candidate an electronic copy of the registry database with the ability to access the equipment of the plaintiff in any place (indoors).
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The claim is justified by the fact that, to exercise its authority, the plaintiff received copies of the optical database of the State register of voters, but outside the premises of the CEC from your computer he has failed to read the registry. The plaintiff believes that this is an obstacle in the implementation of public control in the interests of the voters.
The court of first instance refused satisfaction of the claim. The Supreme Court agreed with this decision.
To ensure the protection of personal data of the voters contained in the registry database, the CEC approved the procedure for the transmission of electronic copies of the database State register of voters of parliamentary factions in the Verkhovna Rada of Ukraine and candidates for the post of President of Ukraine in the preparation of the elections of the President of Ukraine (decree of 26 March 2014 No. 74). It had been made changes and additions of October 25, 2018, in accordance with the CEC resolution № 170. In particular, paragraph 3.5. The order established certain restrictions on the place and method of the familiarization with the copy of the database of the state register of voters.
As indicated in the court decision, according to the Respondent, additional measures to protect the information contained in the state register of voters due to the rapid development of it technologies and the growing risks of cyber attacks and security breach in a database containing confidential information about personal data of individuals, in particular of voters who in the last few years in world and Ukraine.
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The panel of judges pointed out that section 3.5. Order changes and amendments is valid and should be applied in respect of persons specified in it.
The Supreme Court denied the arguments of the representatives of the plaintiff on the establishment of the CEC of the obstacles in the implementation of a candidate for public control in the interests of the voters, since part 8 of article 3 of the law of Ukraine "On State voter register" provides the public nature of the State voter register is available for each voter the information to him. So, the impugned actions of the CEC are directly related to the plaintiff as a candidate for President of Ukraine and shall in no way affect the rights and interests of others.
The panel of judges of Cassation, the administrative court noted that the establishment of certain restrictions on access to the state register of voters due to the need to ensure the security of the registry, and it is in accordance with part 10 of article 3 of the law of Ukraine "On State voter register" means the protection of database in the registry from unauthorized access and abuse of access.
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