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Report on – 33rd IC Resolution 4: Restoring Family Links while respecting privacy, including as it relates to personal data protection (33IC/19/R4) – Ukraine

Has your State/National Society/Institution incorporated the commitments contained in this resolution into the relevant strategic or operational plans?

Yes

The commitments are incorporated into:
Strategy
Policy
Legislation (e.g. Law, Regulation, Statutes, Rules of Procedure etc.)
Other:

Registry

At the National level

Explanation:

In accordance with the Resolution of the Government of Ukraine No. 511 dated 29 April 2022, the Ministry of Internal Affairs of Ukraine administers the operation of the Secretariat of the Commissioner for Missing Persons under Special Circumstances and the functioning of the Unified Register of Persons Missing under Special Circumstances (hereinafter – the Register).

The Register was created to accumulate and centralize information and data about persons who have gone missing during the international armed conflict between the Russian Federation and Ukraine to enable their effective search. The holder of the Register is the Ministry of Internal Affairs of Ukraine.

The Register began operating on 2 May 2023. As of 13 June 2024, the Register has 46,281 entries of persons missing under special circumstances, of which 39,777 are still being searched for.

Currently, there are 14 regional representations of the Commissioner. On 1 October 2023, the Commissioner`s hotline started for close relatives and family members of missing persons. It has provided information and consultations in response to 16,704 calls received so far.

The Law of Ukraine “On Personal Data Protection” (hereinafter – the Law) provides for the possibility of transferring personal data to third parties, including cross-border data transfers.

Given that the General Data Protection Regulation (GDPR) does not currently apply to Ukraine, the cross-border transfer of personal data is regulated by Article 29 of the Law.

Article 29 of the Law stipulates that cooperation with foreign entities in matters related to personal data is regulated by the Constitution of Ukraine, this Law, other regulatory legal acts, and international treaties of Ukraine. The transfer of personal data to foreign entities is carried out only if the relevant state ensures adequate protection of personal data in cases established by law or international treaty of Ukraine.

Currently, Ukraine is in the process of harmonizing its legislation with the European standards on personal data protection.

Has your State/National Society/Institution been working with other partners to implement the commitments contained in this resolution?

Yes

Partner with:
ICRC/IFRC
Humanitarian and development partners (e.g. UN, NGOs etc.)
Other

Examples of cooperation:

To facilitate the restoration of family links, provide relatives of missing persons with up-to-date information about the search for their loved ones, and coordinate the efforts of all state agencies involved in the accounting and search for missing persons, proper interaction and exchange of information with international partners have been established, including with the Delegation of the International Committee of the Red Cross, the International Fund “Partnership for a Strong Ukraine”, and the International Commission on Missing Persons.

A project entitled “Comprehensive Response to Protect Victims of Trafficking, Exploitation, Gender-Based Violence, and Those Whose Rights Were Violated Due to the War in Donetsk Region” is being implemented in 2024 by the non-governmental organization “Alliance for Civil Rights” with the support of the Donetsk Regional State Administration, the International Organization for Migration, and funding from the United States Agency for International Development (USAID) and the Ministries of Foreign Affairs of Norway and Sweden.

An informational campaign “LOOK CLOSER” has been conducted at railway stations in the Donetsk region to prevent human trafficking and promote safety rules during migration. The campaign encourages consideration of the risks of exploitation and highlights the potential consequences of seemingly attractive job or housing offers.

The campaign has been implemented jointly by the Ministry of Social Policy of Ukraine and the All-Ukrainian Coalition of Non-Governmental Organizations against Trafficking in Human Beings with financial support from the USAID, the Ministry of Foreign Affairs of Norway, and the Ministry of Justice of Sweden.

Have you encountered any challenges in implementing the commitments contained in this resolution?

Yes

With challenges on:
Competing priorities
Lack of capacity and/or support (technical, financial, or other)

Details about challenges:

Implementation of the commitments has faced challenges due to competing priorities among various government initiatives and a lack of sufficient technical and financial support to fully address the needs related to the commitments contained in the resolution.

Have the commitments contained in this resolution had an impact on the work and direction of your State/National Society/Institution?

Yes

Type of Impact:
Cooperation between Government/public authorities and National Society has been strengthened
Programming and operations have become more effective and efficient
Other

Details about the impact:

The commitments have led to enhanced cooperation between government authorities and the National Society, improving the efficiency and effectiveness of programs and operations. This has also facilitated more structured discussions and planning in dealing with missing persons, thus contributing to better coordination and resource allocation.

Have the commitments contained in this resolution had an impact on the communities that your State/National Society/Institution serves?

Yes

Description of the impact:

A joint working group comprising representatives from the Ministry of Internal Affairs, the Office of the Commissioner for Human Rights, the Donetsk Regional State Administration, and various international organizations has been established. This working group is tasked with clarifying the roles of key stakeholders, developing collaboration protocols, and enhancing communication channels with families of missing persons. The efforts have significantly improved the support system for families of missing persons, providing them with better resources and information about their loved ones.