Temporary placement of state registers abroad: purpose and terms of validity
Author: Natalia Ponomarenko, lawyer of Dynasty Law & Investment
With the outbreak of war in Ukraine and the imposition of martial law, the issue of protection of information contained in state registers has become extremely important, as the safety of paper data due to hostilities in our country is under threat. the missiles hit archival institutions in several areas.
On March 12, 2022, the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to Certain Laws of Ukraine on Ensuring the Functioning of Information and Communication Systems, Electronic Communication Systems, and Public Electronic Registers.” On the same day, in order to implement and specify the provisions of the law, the Cabinet of Ministers of Ukraine adopted Resolution № 263 “Some issues of ensuring the functioning of information and communication systems, electronic communication systems, public electronic registers in martial law.”
According to the provisions of these regulations, in order to preserve the integrity of data and prevent their loss, public authorities and other owners / managers of public electronic registers have the right to place state information resources and public electronic registers, or their backups, in encrypted form cloud resources and / or data centers located outside Ukraine, and register domain names in the domain gov.ua for such placement, as well as store such data on physical media outside Ukraine (including in foreign diplomatic missions of Ukraine).
At the same time, the Law stipulates that data storage in the occupied territories of Ukraine, on the territory of aggressor states, occupying states, as well as countries that are members of customs or military alliances with such states – is prohibited. Data will be stored abroad only during martial law. The administrators of the registers will be obliged to return all posted data to the territory of Ukraine within 6 months from the date of the end of martial law.