Tax authorities may transfer personal data of men to the Unified Register of Persons Liable for Military Service

In the first reading, 272 MPs voted in favor of draft law No. 10062 on the creation of an electronic register of persons liable for military service in the Verkhovna Rada. The document has been prepared for the second reading and includes a number of changes to the transfer of men's personal data by government agencies.

What is the draft law No. 10062 about?

The initial version of the draft law provided for the automatic collection and transfer of personal information of reservists, persons liable for military service and conscripts by the Tax Service, the State Migration Service, the Ministry of Health, the Ministry of Justice, the Ministry of Internal Affairs, the CEC and other bodies to form a single database. Thus, it is envisaged that the Unified Register will contain a personal file for each citizen.

While the initiators of draft law No. 10062 are preparing it for adoption, lawyers and party members assume that the rules on the transfer of data to the Unified Register by the tax service will remain unchanged, as all information about entrepreneurs and their officially employed employees is available to the tax service and is constantly updated.

On the one hand, according to the Cabinet of Ministers' Resolution on the Procedure for Organizing and Maintaining Military Records of 30.12.2022, all state-owned companies and private enterprises must keep records of employees liable for military service. On the other hand, the formation of the USR (Unified State Register) will allow to directly receive data from the tax service for the registration of persons liable for military service.

What data is proposed to be entered into the register?

• email address and phone number;

• driver's license (registration number);

• information about obtaining higher education or taking educational courses, including advanced training;

• series and number of the passport, as well as permits for crossing the border;

• specialty, profession, position at the company;

• disability group or disability limitation;

• employment history, employer's location, legal entity's EDRPOU code;

• passport data, including current citizenship, language skills;

• data on guardians or caregivers, marital status;

• the presence of registered weapons and documents for them;

• on offenses and administrative penalties in the field of military registration;

• information on traveling abroad and the length of stay in other countries, etc.

Thus, the register will collect, process and accumulate data for the military registration of civilians. The text of the draft law does not provide for obtaining consent to the processing of personal data.

Key provisions of the Draft Law No. 10062

The adoption of amendments to the laws on the Status of War Veterans and the Unified State Register of Reservists, Persons Liable for Military Service and Conscripts will simplify the exchange of data between state registers and launch the procedure for granting combatant status in an electronic format.

Draft law No. 10062 introduces a unified register of men liable for military service aged 17 to 60. This will allow for the accurate identification of these individuals and simplify the issuance, exchange and processing of military documents.

The prepared draft law defines what data will be included in the Unified Register of Persons Liable for Military Service:

• service data of persons included in the category of reservists, persons liable for military service or conscripts. This may include information about their military rank, specialty, place of service, etc;

• personal data of Ukrainian citizens aged 17 to 60,

• information on the need for manning the AFU, etc..

The exception is information that is a state secret.

What personal data will the tax authorities submit to the electronic register?

According to part 1 of Article 13 of Law No. 1951 (as amended), the tax authority is obliged to provide information on taxpayers for the database of persons liable for military service through an electronic system within 90 days after receiving a request from the TCC, namely

• passport data and individual tax number,

• Full name of the person,

• date of official employment by the employer,

• date of dismissal from the current job,

• specialty and profession,

• place of work, company's EDRPOU code, etc.

The Ministry of Defense will have access to the information on citizens aged 17-60 taken from the registers of state bodies.

What is the unified register of persons liable for military service?

The Unified State Register of Conscripts, Persons Liable for Military Service and Reservists (USRPVR) was formally launched in Ukraine on 28.03.2022. It is an information system designed for the electronic collection, processing and storage of personal data of men aged 17 to 60 for the purpose of military registration of citizens.

The first draft law No. 2504a-d "On the Unified State Register of Persons Liable for Military Service" was developed by the Committee on National Defense in 2015, but was approved by the Verkhovna Rada only in 2017 after it was finalized.

In September 2023, the Minister of Defense of Ukraine Rustem Umerov announced the launch of the USR and the work on the introduction of an electronic military ticket.