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Shocking draft law: MPs propose total supervision over everyone?

21.02.2024 22:49 Power

The registered draft law proposes to introduce a total system of video surveillance of citizens and the collection of their personal data.

The registered draft law proposes to introduce a total system of video surveillance of citizens and the collection of their personal data.

People's deputies from the "Servant of the People" introduced a draft law on the identification of citizens by the video surveillance system on the basis of a certain set of biometric data and information about a person, such as name, date of birth, information about the registered or declared place of residence (stay), digitized image of the person's face, registration number of the taxpayer's registration card.

Despite the fact that during the war it is forbidden to install even a DVR on a car, the people's deputies are going to introduce total video surveillance of citizens. The corresponding bill 11031 was registered by people's deputies from the Servant of the People faction.

It is entitled "On the Unified System of Video Monitoring of the State of Public Security".

The draft law defines the following concepts:

biometric data – personal data obtained as a result of special technical processing relating to the physical, physiological or behavioral characteristics of a natural person, such as a facial image or fingerprint data , voice, which make it possible to uniquely identify or confirm the unambiguous identification of a natural person;

video analytics – automated analysis of digitized data obtained with the help of a video monitoring system for the state of public security, which is carried out using special software;

video monitoring is a continuous systematic process of collecting and processing data on the state of public safety, which is carried out by means of video monitoring 

video monitoring means – technical means that are designed for data processing (cameras with face detection, perimeter security, traffic control, etc.)

 incident – programmed information about an event, object, person or vehicle, etc., when recording which, in certain cases, video monitoring systems of the state of public safety, departmental video monitoring systems of enterprises, institutions, organizations (regardless of ownership) and individuals who fully or partially carry out video monitoring of public places, a corresponding message is generated;

Users of the video monitoring system for the state of public security are authorized persons of the security forces and defense forces, state authorities, as well as local self-government bodies, who have been granted the appropriate rights of access to information contained in the video monitoring system of the state of public security in accordance with the established procedure, etc.

The purpose of the draft law is to include

  • implementation of preventive and prophylactic activities aimed at preventing the commission of offenses;
  • detection of offenses and their termination;
  • identification and search for persons in hiding;
  • creating conditions for preventing and overcoming child homelessness and delinquency among children;
  • transport safety, including traffic regulation and control over compliance with the Traffic Rules;
  • implementation of border control and passage through the state border;
  • ensuring the safety of children, pupils, students, etc.

The objects of video monitoring will be:

  • information objects, which include individuals, as well as vehicles;
  • public places;
  • other public areas;
  • territories, buildings, structures of educational and health care institutions and premises in them;
  • things and objects, etc.

Video monitoring systems for the state of public security consist of technical means, devices, including those with the functions of photo, audio and video recording, which operate in automatic mode, software and hardware complexes that provide processing, analysis, data transmission to the relevant functional subsystem of the unified information system of the Ministry of Internal Affairs of Ukraine, information protection and recognition (identification) of objects.

Informing about the use and localization of technical means, devices, including those with the functions of photo, audio, video recording, is carried out by placing a message at the entrance to the area of their use in a conspicuous place and should not be completely or partially covered by any obstacles, their placement is confirmed by additional messages (signs) inside the zone.

It is determined that the system of video monitoring of the state of public security of the central level is a functional subsystem of the unified information system of the Ministry of Internal Affairs of Ukraine.

The regulation on the system of video monitoring of the state of public security at the central level is approved by the Ministry of Internal Affairs. The owner and administrator of the video monitoring system for the state of public security at the central level is the state represented by the Ministry of Internal Affairs. The Ministry of Internal Affairs determines a state enterprise (state institution) belonging to the sphere of its management as the administrator of the video monitoring system for the state of public security at the central level.

The video monitoring system of the state of public security of the central level provides integration with video monitoring systems of the state of public security at the regional and local levels, departmental video monitoring systems of enterprises, institutions, organizations (regardless of ownership) and individuals who fully or partially carry out video monitoring of public places.

Identification of the information object "individual" is carried out on the basis of a certain set of biometric data and the following information about the person:

  • proper name,
  • date of birth/death,
  • place of birth,
  • gender
  • information about the registered or declared place of residence (stay) of a person, removal of a person from registration of the place of residence or change of place of residence (stay) of a person,
  • information about citizenship or lack thereof,
  • digitized image of the person's face,
  • the registration number of the taxpayer's registration card or the series and number of the person's passport document (for individuals who, due to their religious beliefs, refuse to accept the registration number of the taxpayer's registration card in accordance with the law).

Identification of the information object "vehicle" is carried out on the basis of the following information about the vehicle: brand, model, color, year of manufacture, license plate, information about the owner of the vehicle (last name, first name, patronymic (if any), date of birth, full name and identification code of the legal entity in the Unified State Register of Enterprises and Organizations of Ukraine (for legal entities), address of registration of the place of residence of an individual persons or the address of the location of the legal entity.

In order to obtain information for the identification of objects recorded in the systems of video monitoring of the state of public security, the video monitoring system of the state of public security of the central level carries out electronic information interaction with the Unified State Demographic Register, the Unified Information and Analytical System for Migration Management, the National System of Biometric Verification and Identification of Citizens of Ukraine, Foreigners and Stateless Persons, the Unified State Register vehicles, the State Register of Individual Taxpayers.

The procedure for access to information (data) in the systems of video monitoring of the state of public security, which are part of the unified system of video monitoring of the state of public security, shall be established by the Cabinet of Ministers of Ukraine.

Access to the data of video monitoring systems for the state of public security during pre-trial investigation and operational and investigative activities is carried out in accordance with the procedure provided for by the Criminal Procedure Code and the Law "On Operational Investigative Activities".

Personal data (information about an individual, vehicle owner, etc.) is stored and processed in video monitoring systems of public security for the period necessary to achieve the purposes of processing such data defined by law, but not more than 15 years.

Data on the digitized image of the person's face, make, model, color, license plate, etc., of the vehicle are stored only in the video monitoring system of public security at the central level.

Each person whose personal data (information about a person) is entered into the systems of video monitoring of the state of public safety has the right to:

  • get acquainted with the data about themselves that is entered into the systems of video monitoring of the state of public safety, unless otherwise provided by the laws of Ukraine;
  • request the renewal and correction of information about themselves;
  • to ensure the protection of their rights if the request or demand for correction of their personal data is not satisfied;
  • to receive a certificate free of charge on entering information about oneself into the systems of video monitoring of the state of public safety.

Financing of works to ensure the construction and operation of the video monitoring system is carried out from the state  budget, within the limits  of expenditures provided for the   Ministry of  Internal Affairs,   international technical assistance and other sources. It is proposed that the law enter into force on the day following the day of its publication.

Read also: "They are not ironclad, they need to recover and rest": the Verkhovna Rada is preparing amendments to the law on mobilization 

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