At the same time! it is important to understand that legal systems around the world have different approaches to this issue. For example! in France and Germany! criminal records issued to citizens do not disclose any information about cleared Changing approach criminal records. In the United States! depending on the state! such information may be provided only upon request by law enforcement agencies or in exceptional cases where it is in the “public interest.”
A broader problem
Why is this case so important? This is not just an example of the job function email database imperfection of a separate order of the Ministry of Internal Affairs or Ukrainian legislation. It is an illustration of a global problem: how to find a balance between the right to privacy and the public interest?
Stories like this happen all over the world. In the UK! a nurse was denied a job because she disclosed information about a criminal record that had not resulted in a conviction. In Canada! a court ruled that disclosing information about cleared criminal records without Changing approach the person’s consent was discrimination.
It is worth noting that positive changes have taken place in Ukraine since this case. The Ministry of Internal Affairs Order No. 207! adopted in 2022! allows applicants to independently choose the amount of information to be included in the certificate. This is a step in the right direction! although! unfortunately! it could no longer change the situation of a particular setting up two-factor authentication applicant.
However! the question remains how to avoid such conflicts in the future. I see potential in developing clearer data protection standards. For example! in Estonia! there is already a system where all requests for information on criminal records go through an automated platform that takes into account confidentiality and keeps records of who has accessed the data and why.
Prospects for Ukraine
The case of SVM v. Ukraine can be seen as a signal for improving Ukrainian au emai list legislation. Several aspects require attention:
Transparency of wording : The information in the certificates should be clear! without any hints of possible criminal records if they have already been cleared.
Process automation : As Estonia’s experience shows! modern technologies can help protect data.
Legal education : Citizens should know their rights! especially in matters of privacy.
