LETTER TO THE MINISTER OF HEALTH OF UKRAINE
To: Minister of Health of Ukraine
O.S. Musii
Dear Oleh Stepanovych!
Administration of the O. O. Bohomolets National Medical University expresses its sincere respect to you.
I head the working group on the organization, preparation arrngements and holding the Conference of University Staff (CUS) for electionof the candidates for the office of Rector of O.O. Bohomolets National Medical University.
In the process of preparation contenders for the post of rector, public activists, some students apply with the requirement to provide them with lists of the members of NMU CUS to the Conference of University Staff, to me personally, other members of the group, the head of trade union committee.
Such appeals are received as the information requests and in oral form.
The Conference of University Staff is the self-government authority which is composed of the representatives of the lecturers and students of the University.
It is not subject to University’s administration and it forms independently its membership as specified by the Law of Ukraine “On Higher Education” and under the Chater of the institution under the established procedure of conducting elections.
As prescribed under the Law of Ukraine “On Personal Data Protection” first, second names, and patronymic of physical persons are personal data, and under the Chapter 2, Article 5 of this Law the personal data, except impersonalized personal details is the information with restricted access under the access procedure.
In accordance with art. 14 of the Law of Ukraine “On Personal Data Protection” dissemination of personal data provides actions regarding the transfer of data on the individual only under the consent of the subject-owner of personal data.
Dissemination of personal data without the consent given by the subject-owner of the personal data or by the authorized person is allowed in the cases determined by Law, and only (if it is necessary) in the interests of national security, economic well-being and human rights. The fulfillment of the requirements of the established procedure on protection of personal data ensures the party disseminating this data, i.e., in this case, the O.O. Bohomolets NMU administration.
Even in the court decisions listed in the Unified state register of court rulings which is in the open access (www.reyestr.court.gov.ua) prior to their publication name physical specificity is replaced by unpersonalized “Person 1”, “Person 2” and others.
As violation of the Law regulations prescribed by Article16 of the Law of Ukraine “On protection of personal data” these requests do not contain any purpose and/or legal grounds for such request, but there are grounds to consider that this information may be used for unlawful influence on CUS members for the aim to form or changing their status in respect of candidates.
With this in mind, I ask you give the corresponding instructions to give the explanation to the working group on the issue of election of the rector of the University on the following issues:
1. Should the O.O. Bohomolets NMU officially publish information about the structure of CUS which is the information with restricted access?
2. Should the O.O. Bohomolets NMU provide lists of CUS including information with restricted access for the request from other persons (candidates to the post of rector, civil society activists, students, other stakeholders, etc)?
3. Should the O.O. Bohomolets NMU get from each of them written consent for such dissemination before dissemination of personal data of CUS members?
4. Is the O.O. Bohomolets NMU allowed to disseminate personal data of the CUS members who refused to give consent for their dissemination or evade from granting consent?
Given to the prompt terms established by the Law of Ukraine “On access to public information” for giving response to the request I ask you convincingly to provide the answer to these questions urgently.
Respectfully yours,
Professor O. P. Yavorovskyi
Chairman of
Working Group on Election of the Rector of
the O. O. Bohomolets National Medical University
