ЗАКОН УКРАЇНИ «ПРО ДОСТУП ДО ПУБЛІЧНОЇ ІНФОРМАЦІЇ»: ПРОБЛЕМИ ТА ПЕРСПЕКТИВИ

Abstract

The basic international legal principles of openness of public figures for the public are studied. The circumstances under which implementation of the rights for free collecting, storage, use and dissemination of information can be limited to the law are defined. The role and value of the Law of Ukraine "About Access to Public Information" are considered. The duties of subjects of powers of authority in the field of granting and publication of public information are found out. The circumstances important for finding of an optimum ratio between the right to privacy and the right to freedom of speech are considered. The views on some principles of activity of public figures which are available in the domestic legal thought are considered. In this context attention is paid to the restrictions concerning a possibility of use of personal data of public figures. The measures which can promote the solution of the problems connected with finding of an optimum ratio between the right to privacy and the right to freedom of speech are proposed. The attention is paid to the statement, according to which, on the one hand, public persons have the same set of personal data as other citizens, on the other - the level of authority of these persons among the population and in power circles, as well as the security of the state as a whole (in individual cases) depend on how open these persons are. It is offered to support the point of view according to which the balance between the right to privacy and the right to freedom of speech lies in the considerably limited privacy of public figures in comparison with other citizens. It is offered to support the point of view according to which the official upon termination of a date of performance of his or her duties is equalized in the rights with ordinary citizens, and therefore his or her personal data should be classified as the personal data of ordinary citizens, the flow and processing of which has to be carried out from their consent, provided in accordance with the procedure laid down in the legislation of Ukraine.