АДМІНІСТРАТИВНО-ПРАВОВИЙ ОРГАНІЗАЦІЙНИЙ МЕХАНІЗМ ЗАХИСТУ ПЕРСОНАЛЬНИХ ДАНИХ В ЄС

Today, personal data protection is one of the key areas of legal activity aimed to protect fundamental human rights and freedoms, including the right to privacy related to the processing of personal data. Within the European Union, a specific mechanism of legal regulation of personal information protection has been created and is actively functioning. Such mechanism consists of the system of legal acts that introduce and regulate the activities of the system of executive authorities of the European Union and its Member States, namely the organizational (institutional) mechanism for the protection of personal data. The institutional mechanism, since May 2018 (from the date when the General Data Protection Regulation – GDPR, entered into force), has proved to be highly effective, given the number of fines imposed in connection to violations of personal data protection legislation by controllers and processors and the environment created for the protection of the right to privacy (in terms of automated data processing and the creation of filing systems). In contrast, with the adoption of the EU-Ukraine Association Agreement, the personal data protection system in Ukraine has remained virtually unchanged and operates on the basis of legislation adopted before the entry into force of the new EU legislation in this area. However, in accordance with Article 15 of the Agreement, Ukraine undertook to ensure an adequate level of personal data protection in accordance with the highest European standards. Ten years after the adoption of the relevant commitment, the personal data protection legislation has not been improved. The result is the absence of a separate body to monitor compliance with personal data protection legislation, lack of coordination between the data subject and the data controller, and outdated regulations, including the conceptual framework of the Data Protection Law itself. Given the necessity and inevitability of changing the national legislation on personal data protection in Ukraine, the question arises of analyzing foreign experience in the field of personal data protection, in particular, within the framework of the administrative legal (public authority)mechanism. The study of this mechanism will allow to fully and qualitatively examine the organizational system of personal data protection in the EU and to build appropriate recommendations on the feasibility and effectiveness of introducing its elements into Ukrainian legislation as part of the adoption of new legislation on personal data protection. Keywords: personal data protection, European Union law, administrative legal mechanism, European Commission, European Data Protection Board, national data protection authorities.