Romaniuk I. Protection of Right to Personal Data in Ukraine (Civil Aspect).

of an individual to personal data in terms of civil law, special aspects of civil protection and legal regulation of relations in the sphere of personal moral right of an individual to personal data. The features of enforcement and protection of moral right of an individual to personal data have been educed. The author propounded to distinguish the personal data of any individual between a free (publicly available) access and a restricted access. The free access personal data are defined as such by law, or which were clearly i.e. publicly, evidently and without concealment, published by the subject of these data. The restricted access personal data are divided into confidential and secret ones. The personal data an access to those is restricted by the subject of personal data are to be confidential, and those personal data are applied by secrecy restrictions, in accordance with the legislation (secret of health, privacy, secret of legitimization, etc.), shall be deemed to be the secret ones. The author has analyzed the convenience of personal data of an individual to be considered as the object of civil circulation. It is substantiated that the personal data of an individual, as information about an individual, are endowed with all the necessary and convenient features to act an object of civil circulation: objectivity, apartness, severance and convenience to be assessed at monetary value. It is proved the fact that personal data may commercially be used does not change the defining attributes of the right of an individual to own personal data: his/her personhood, indissoluble connection with an individual who is the subject of personal data and non-property. The reasons and conditions for the use of civil liability for violations of right of an individual to personal data, as well as civil and legal ways to protect it have been investigated.