Protection of the right to privacy by removing a candidate's declaration from the register

In today's world, where privacy boundaries are increasingly blurred, protecting personal data has become critical. One way to safeguard personal data and the right to respect for private life is to remove a candidate's declaration from the Unified State Register of Declarations of Persons Authorized to Perform State or Local Government Functions. Ukrainian legislation establishes requirements for the retention and processing of public information. However, in practice, these requirements are not always adhered to.

This article examines why this issue is problematic, how it affects individuals' rights, and how to protect their right to privacy by removing such declarations from the Register.

The Problem of Indefinite Data Retention

The declaration register in Ukraine was created under the Law of Ukraine "On Prevention of Corruption" to ensure transparency and prevent corruption among civil servants and local government officials. It contains data on property, income, and financial obligations of individuals holding or aspiring to hold state or local government positions. The Law "On Prevention of Corruption" stipulates that the National Agency on Corruption Prevention (NACP) maintains the Register of Declarations. Still, it does not differentiate between candidate declarations and declarations of individuals who assume public office.

Nevertheless, such legislative shortcomings should not prevent individuals from exercising their right to privacy or controlling the dissemination of their data on the Internet. Ignoring the right to protection leads to a situation where personal information about individuals who never became civil servants remains publicly available indefinitely. This means that their data can be accessed by anyone, even though they are not subject to anti-corruption requirements.

The indefinite retention of such declarations directly violates the right to respect for private life, as guaranteed by Article 32 of the Constitution of Ukraine and Article 8 of the European Convention on Human Rights (ECHR).

Violation of the Right to Respect for Private Life

The right to respect for private life includes the protection of personal data and the ability to control its use. The indefinite storage of candidate declarations in a publicly accessible Register violates this right for several reasons:

Lack of a legitimate purpose – Since the NACP does not verify declarations of individuals who did not become officials, their retention serves no practical purpose in preventing corruption.

Disproportionality – The indefinite retention of data without a clearly defined purpose is an excessive and unjustified measure.

Lack of voluntary consent – Candidates who submit declarations do not consent to their data being publicly available if they do not assume public office.

This interference with private life is disproportionate and contradicts both national legislation and international human rights standards.

At the international level, Council of Europe member states have reached a consensus on fundamental data protection principles and procedural safeguards that should be incorporated into national legislation. A significant driver of this development has been the case law of the European Court of Human Rights (ECtHR).

According to internationally recognised data protection principles, the ECtHR has ruled that legislation must establish clear and detailed rules and minimum guarantees regarding, inter alia, the duration of data retention, their use, third-party access, procedures for ensuring data integrity and confidentiality, and their deletion. These safeguards must protect individuals from risks of abuse and arbitrariness at all stages of data processing (cases S. and Marper v. the United Kingdom and M.M. v. the United Kingdom).

The indefinite data retention without a clearly defined purpose or justified necessity constitutes excessive interference with the right to privacy. Furthermore, in the case of Rotaru v. Romania, the ECtHR emphasised that states must ensure the right to request the correction or deletion of outdated or incorrect data, and the absence of such mechanisms violates Article 8 of the ECHR.

How to Protect Your Rights?

Individuals whose declarations remain in the Register without legitimate grounds can take the following steps:

Submitting a direct request to the NACP involves filing a written request for the removal of the declaration, citing the lack of legal grounds for its retention.

Legal action – If the NACP refuses to comply, the decision can be challenged in an administrative court. Judicial practice already includes cases where courts have ruled in favor of claimants, ordering the NACP to remove candidate declarations.

Legal assistance – Attempts to independently remove information from the Register may not yield the desired outcome. The NACP often refuses deletion requests, citing the lack of an established procedure. A qualified lawyer can help adequately prepare the request, substantiate the necessity of data removal, and effectively represent the individual's interests in court.

The Importance of Personal Data Protection and Privacy

Protecting personal data has become critically important in the context of full-scale war. Public access to information about candidates who did not assume public office creates security risks for these individuals and their families. There is a real threat that adversaries could use personal data for cyberattacks, harassment, or even physical threats.

Removing excessive information is an essential measure of personal cybersecurity under martial law. Additionally, there have been numerous cases where inaccurately completed candidate declarations from previous selection processes have triggered NACP audits in new selection procedures.

If you lack prior experience completing declarations and did not exercise your right to amend them within the seven-day correction period, this could raise legitimate concerns during future state service competitions.

Indefinite retention of candidate declarations of individuals who never assumed public office may result from legal inconsistencies arising from the imbalance between transparency and privacy. However, this situation should not necessarily violate your right to privacy and data protection. On the other hand, passivity in defending one's rights may result in the continuation of an unfavourable status quo.

Relevant Legislation:

1. Law of Ukraine "On Prevention of Corruption" (14.10.2014, No. 1700-VII)
2. Law of Ukraine "On Personal Data Protection" (01.06.2010, No. 2297-VI)
3. Constitution of Ukraine (28.06.1996)
4. European Convention on Human Rights, ETS No. 005 (ratified by Ukraine on 17.07.1997)

Author: Tetiana Ohneviuk