The Ombudsman proposes not to support Draft Law No. 4571 On Combating Piracy and Improving the Investment Climate, as it provides for the publication of a registration number of an individual taxpayer’s personal identification card (identification code) of citizens on the official website. Are statutory provisions of legislation on personal data protection violated? How would you describe the consequences if the draft were to be adopted?
The Law On Amendment of Certain Provisions of Article 5 of the LawOn Distribution of Copies of Audiovisual Works, Phonograms, Video-grams, Computer Programs and Data Bases has been passed. Thus, the online publication of information on the entity to which particular control marks were issued fully corresponds to provisions of Articles 6, 8, 10 of the Law of Ukraine On Protection of Personal Data, whereas it is provided for by the valid Law.
The importance and positive impact of the amendment is hard to underestimate. The Law On Distribution of Copies was vital to combat piracy at times, when data carriers like magnetic cassettes and discs and optical disks (CDs and DVDs) for which they were meant, were widely used for disseminating movies, music, computer programs. Nowadays, with the distribution of the said content having almost fully shifted online, there is no longer any (or nearly any) practical need for obtaining control marks. Respectively, published information regarding the entities to which the control marks have been granted is of no (or nearly no) use to rights holders.
Alexander Molotai, Partner, Head of Intellectual Property, exclusively for The Ukrainian Journal of Business Law.