АКТУАЛЬНІ ПИТАННЯ ЗАБЕЗПЕЧЕННЯ ІНФОРМАЦІЙНОЇ ПРИВАТНОСТІ В ДІЯЛЬНОСТІ ДЕРЖАВНОЇ ПРИКОРДОННОЇ СЛУЖБИ УКРАЇНИ

Abstract

The article explores the peculiarities and problematic issues of providing information privacy in the activities of the SBGS of Ukraine, formulates proposals for their solution. It is stated that the level of providing the right to privacy in the context of the development of the information society depends on the proper legal regulation and effective mecha- nisms and legal instruments in the activities of public authorities. That is why the problem of observing and protecting the right to privacy in the activities of the State Border Guard Service of Ukraine, in particular during the border control procedures of persons crossing the state border of Ukraine, is an urgent issue. The right to privacy is recognized and guaranteed by the norms of the Constitution of Ukraine. When crossing the state border, travellers provide the necessary personal information to obtain a permit for entry/exit from the territory of Ukraine. In the activities of the State Border Guard Service of Ukraine, the amount of information about a person is limited by its tasks. During border control procedures, it is necessary to establish and determine the existence of legal grounds for crossing the state border by persons. This can be two scopes of information: a “minimum required amount” (established during the first line check) and “additional” one to examine the existence of legal grounds for crossing the state border of Ukraine (carried out during the second line check). But legislation does not clearly list such pieces of information. In this regard, the author suggested the personal vision of its delimitation. It was found that the legislation does not specify the purpose, form and procedure for obtaining consent to the processing of personal data of persons crossing the state border of Ukraine, so the author proposed to amend the current legislation accordingly