PROTECTION OF MINORS’ PERSONAL DATA IN LAW ENFORCEMENT ACTIVITIES

Abstract

The aim of this study is to conduct a comprehensive analysis of the legal framework for the protection of minors’ personal data in the activities of law enforcement agencies of Ukraine, to identify existing gaps in national legislation, and to develop scientifically grounded recommendations for their elimination, taking into account international experience and current European standards in the field of privacy protection. The research is focused on determining the level of compliance of the national legal system with EU requirements and international legal instruments in the field of children’s rights.

It has been established that the current legislation of Ukraine does not ensure adequate protection of minors’ personal data in the law enforcement sphere. Existing legal acts are fragmented, do not take into account the specific nature of children’s data processing in criminal proceedings and operational-search activities, and do not contain special safeguards for this category of individuals. A discrepancy has been identified between national legislation and the standards of the EU General Data Protection Regulation (GDPR), the modernized Council of Europe Convention 108+ (2018), and General Comment No. 25 (2021) of the UN Committee on the Rights of the Child, all of which provide an enhanced level of protection for children’s digital rights.

The study revealed systemic violations of the principles of data minimization, purpose limitation, and storage limitation of minors’ personal data in the practical activities of law enforcement authorities. This is caused by the absence of clearly defined procedures, an insufficient level of legal regulation, and a lack of adequate oversight over the processing of children’s data.

The necessity of introducing special legal and organizational safeguards for the protection of children’s data in the law enforcement sector has been substantiated. In particular, it is proposed to harmonize national legislation with EU standards, adopt a special legal act regulating the processing of minors’ personal data, and introduce the institution of a Data Protection Officer within law enforcement agencies.