ON THE ISSUE OF ENSURING THE LEGITIMATE PROCESSING OF BIOMETRIC DATA IN THE ACTIVITY OF THE NATIONAL POLICE: NATIONAL AND INTERNATIONAL STANDARDS

Abstract

The article analyses requirements for the legitimate processing of biometrical data stipulated in national and international law. The author studies the types of biometrical data, which the National Police processes while performing its functions and tasks. The purpose of the research is to examine national and international standards of processing biometrical data in the activity of the National Police; determine criteria for assessing the legality of the processing; formulate proposals for improving the relevant laws of Ukraine. It is justified relations between the tasks of the National Police and the purpose, grounds, procedures for processing biometric data, the access to which officials of the state body obtain by accumulating the data or receive from other authorities. The author studies the conditions of lawful restriction of the rights of personal data subjects, developed by the case-law of the European Court of Human Rights, and outlines their impact on law enforcement activities on personal data processing. Based on the above, the article develops a system of criteria for assessing the legality of processing biometric data in the activities of the National Police, identifies a list of measures for further implementation of these criteria in the practice of the law enforcement agency.