In 2024, the Verkhovna Rada of Ukraine considered a new draft law aimed at protecting personal data according to EU standards. The initiative arose against the background of criticism of the media, which often publish confidential information without proper justification. The draft law provides that the processing and publication of personal data is possible without the consent of the individual, if it “serves the public interest”. However, critics point to the lack of clear public interest criteria, which creates legal uncertainty and risks of abuse.
Oleksandr Pavlichenko, executive director of the Ukrainian Helsinki Union for Human Rights, notes in this regard that such uncertainty may violate the right to privacy and create opportunities for manipulation in the media space. According to the expert, law must clearly outline the cases when the public interest really justifies the publication of personal data.
Resonance above all else?
One of the most discussed incidents In 2024, there was a case when the media published information about the official affairs of the head of the Rivne Territorial Center for Staffing and Social Support (TCC). First, the video appeared on the YouTube channel of blogger Anatoly Shary, and then it was republished by many popular media, including TSN News, Focus, Ukraine Today, and Volyn News. The media did not blur the faces of the women associated with the head of the TCC and even distributed photos of his wife and child.
In addition, the publication of photos and videos of victims of Russian shelling, in particular after the attack on Lviv in September 2024, was a violation of confidentiality and the right to privacy in the media. A photo of a distraught man who lost his family in a shooting quickly became popular in the media, sparking debate over whether it is ethical to publish images of victims in their moment of grief. Support for such coverage is based on the need to document war crimes for the international community, but critics emphasize the violation of the right to privacy and the possibility of additional injury to the victims.
Another example of violation privacy there are cases of material being published without the consent of war victims, where images and names may be used without due care. This is increasingly becoming a topic of discussion in the media and among human rights defenders, who point to the need to develop clear standards for covering traumatic events.
Infographic: IA “FACT”
International experience in protecting private information
A comparison with international experience shows that some EU countries regulate similar cases more strictly. For example, in Germany, the media must clearly justify public necessity when publishing private information. French law provides for sanctions against media that violate privacy unless there is a clear need to inform the public.
Experts of the Center for Democracy and the Rule of Law (CEDEM) draw attention to the importance of implementing European data protection standards into Ukrainian legislation. They indicate that harmonization with the European Media Act will contribute to the creation of transparent rules that protect human rights and maintain an appropriate level privacy in digital media.
The problem of maintaining confidentiality in the Ukrainian media requires a clear legislative and ethical framework.
Some recommendations for the media could include:
– Implementation of the practice of blurring the faces of people, especially children, if the disclosure of information about specific individuals is not critically necessary;
– Development of internal editorial standards that take into account the specifics of the human rights approach to coverage of privacy-related topics;
– Cooperation with human rights organizations to train journalists on the ethics of working with personal data.
Privacy vs. public interest
Thus, the new draft law imposes serious ethical requirements on the Ukrainian media, obliging them to be more responsible in working with personal data. The media community is in search of a balance between informing the public and protecting human rights, which is a fundamental aspect of democratic journalism.
Experience has shown that the public interest cannot always be a justification for the disclosure of personal information, especially when it comes to children, victims of violence and other vulnerable groups. Therefore, in order to prevent human rights violations and maintain trust in the media, journalists must constantly improve their ethical standards and adhere to a responsible approach to privacy, taking into account the long-term consequences for society and individuals.
Evelina Halkovska
