THE LETTER OF PUBLIC SERVICE OF UKRAINE CONCERNING PERSONAL DATA PROTECTION

of January 5, 2012 No. 09/46-12

By article 2 of the Law of Ukraine "About personal data protection" it is determined that the base of personal data is the referred to as set of the arranged personal data electronically and/or in the form of card-indexes of personal data.

Personal data - data or set of information about the physical person who is identified or can be specifically identified.

By subitem 3.8.1 of Item 3.8 of the Section III of Classification of organizatsionnopravovy forms of managing of recreation center of 002:2004, Ukraine approved by the order of the State committee concerning technical regulation and consumer policy of May 28, 2004 No. 97, it is determined that entrepreneur is the physical person who is the citizen of Ukraine, the foreign citizen, the stateless person, performing business activity. That is entrepreneur is the physical person - the citizen.

According to explanations of the Ministry of Justice of Ukraine of 14.01.2011. "The status of the physical person - the entrepreneur: problems of application of the legislation" each citizen has the right to the business activity which is not prohibited by the law (article 42 of the Constitution of Ukraine). This right is affirmed also in Article 50 of the Civil code of Ukraine. That is the citizen wishing to exercise the constitutional right on business activity after passing of the corresponding registration and other stipulated by the legislation procedures under no circumstances does not lose and does not change the status of physical person which it acquired from the moment of the birth, and only receives to it new sign - "entrepreneur".

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