LEGAL REGULATION OF THE PROTECTION OF PERSONAL DATA OF MILITARY OFFICERS AS SUBJECTS OF POLYGRAPH INTERVIEWS

Abstract

Since the declaration of martial law in Ukraine, the number of polygraph tests in military formations has increased compared to the period until February 24, 2022. The use of the polygraph in military formations of Ukraine during martial law proved to be an effective means of obtaining information that complements official checks and investigations in military units. In accordance with today’s realities, the protection of personal data of servicemen in wartime is a priority task of the state. In our study, the issue of protection of personal data of subjects who have the special status of military personnel of Ukraine, to whom the research procedure with the use of a polygraph is applied, was discussed. The main factors of compliance with the legality of handling information processed based on the results of a polygraph survey in the military formations of Ukraine are highlighted. An analysis of the existing governing documents regulating the organization and procedure of conducting polygraph examinations in military formations was carried out. Gaps in the legislation regarding the electronic processing of personal data of military personnel – subjects of polygraph examinations have been identified. It was determined that in the departmental order of the State Security Office of Ukraine, which regulates the use of the polygraph, a norm was found that could violate the protection of the rights of military personnel who are confidants of operational-investigative, intelligence and counter-intelligence agencies of Ukraine and be an illegal way of interfering in the activities of relevant law enforcement agencies and special services. We have provided recommendations on improving the existing base of governing documents in matters of protection of personal data of military personnel – subjects of polygraph examination. Namely, it is proposed to make changes to the existing departmental legal acts regarding the regulation of electronic processing of information obtained as a result of polygraph tests. In order to ensure the protection of the rights of servicemen of the Foreign Intelligence Service of Ukraine and the Security Service of Ukraine, we recommend developing and implementing guidelines that determine the organization and conduct of polygraph examinations in these military formations.