RESPECT FOR HUMAN RIGHTS IN THE PROCESS OF USING INFORMATION RESOURCES IN THE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE

Abstract

The use of information resources by the police is associated with the processing of significant amounts of information.Among its varieties, a special place is occupied by information about an individual (personal data).The protection of personal data, as indicated, for example, in paragraph 103 of the decision of the European Court of Human Rights in the case of «S. and Marper v. the United Kingdom» of 4 December 2008 (Applications No. 30562/04 and 30566/04), is of fundamental importance for the exercise by an individual of his right to respect for private and family life (Article 8 of the European Convention on Human Rights). National legislation must provide for appropriate guarantees to prevent any use of personal data that may conflict with the guarantees of this Article. The need for such precautions is even greater when it comes to the protection of personal data that undergo automatic processing, not least when such data are used for police purposes.Thus, Article 8 of the European Convention on Human Rights enshrines the right of everyone to respect for their private and family life, home and correspondence. Although this right is not absolute, and it may, of course, be limited. State author- ities may interfere with the exercise of this right, but only in accordance with the law, when it is necessary in a democratic society in the interests of national or public security or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.The main condition for the lawfulness of the interference is the presence of a direct indication of this in the law. In addition, there are other important requirements, namely: the quality of the law, proportionality of the intervention, etc. Accordingly, employees of the National Police must be clearly aware of the requirements of the legislation on the protection of personal data, because every day they are faced with the need to carry out various operations on the processing of personal data.From here we can explain in detail the content of the duty of police officers to respect human and civil rights, and in particular, respect for the right to non-interference in personal and family life, provided for in Article 32 of the Constitution of Ukraine.