CYBERSECURITY AND LEGAL REGULATION OF PERSONAL DATA PROTECTION

Abstract

The article examines the legal foundations of cybersecurity and personal data protection in Ukraine in the context of forming the state information security policy. The provisions of the Law of Ukraine "On the Basic Principles of Ensuring Cybersecurity of Ukraine" of October 5, 2017, No. 2163-VIII, as the first comprehensive legislative act defining the legal and organizational foundations of cybersecurity, are analyzed, and its correlation with the Law of Ukraine "On Personal Data Protection" of June 1, 2010, No. 2297-VI, regarding the security of personal data in cyberspace is examined. The Cybersecurity Strategy of Ukraine, approved by the Decree of the President of Ukraine of March 15, 2016, No. 96/2016, is considered, and the degree of implementation of the measures it provides for is determined. The provisions of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of January 28, 1981 (Convention 108), and the Additional Protocol thereto regarding supervisory authorities and transborder data flows of November 8, 2001, are examined. The legal aspects of the activities of the computer emergency response team CERT-UA and other subjects of the national cybersecurity system are analyzed. The problems of legal support for personal data protection in the context of growing cyber threats are identified, in particular the absence in the Personal Data Protection Law of specific requirements for technical protection of data against cyberattacks, and the necessity of a comprehensive approach to cybersecurity and personal data protection as interrelated components of the state's information security is substantiated, requiring the harmonization of domestic legislation with the standards of the modernized Convention 108+ and the GDPR.