Participants working with government procurement provide not only certificates and production documents, but also personal data. Usually, personal data means copies of a passport, identification code, etc., that is, information on which a person can be fully or partially identified. Immediately it should be noted that the requirement for personal data is not spelled out in the Law of Ukraine "On public procurement" and is not a prerequisite. However, the customer may make such a request.

The problem is that in this case, the transparency of the system is not playing into the hands of the participant. Everyone who wants can download the uploaded documents, including those who can use them illegally. Moreover, such precedents have already taken place.

How to protect yourself from the problems associated with the illegal use of personal data?

Personal data protection tips

The request for personal data should be fully justified and an explanation should convince the participant that such information is really needed. Therefore:

be sure to contact the customer and ask for clarification of the need for personal data. If there is no clear explanation, the requirement can theoretically be removed from tender documentation;
check which data is needed. Perhaps this requirement is initially logical and reasonable.

If personal information was provided and you have evidence of its misuse, you should immediately contact the police.

Learn more about the Law

As already mentioned, the Law does not regulate the collection and processing of personal data. Accordingly, the requirements for its provision are the personal initiative of the customer. The participant must be aware that all personal information becomes public when it is uploaded to the system. By submitting it, he/she voluntarily agrees to the publication and processing.
The situation with the provision of personal information when registering on electronic procurement platforms looks a little different.

The Law of Ukraine "On the protection of personal data" states that consent to the processing of personal data is a prerequisite for its use. Accordingly, by registering on the electronic procurement platform and ticking the words "I agree to the processing of personal data”, the supplier intercepts the retreat. For its part, the platform must ensure all confidentiality conditions prescribed in the regulations and is responsible for the illegal use of personal data.