Who is using the data. Personal data of the practitioner: for safety and security, the defender will ask for a suvorishe. Personal data: fines

If the operator is guilty of informing the government about the collection of personal data?

How do the authorities have the right to conduct rechecks of operators' personal data?

What lawyers, prosecutors, judges can take personal data?

What is the penalty for violating the law on the protection of personal data?

The legal basis for the regulation of privacy in the sphere of personal data is to become the Federal Law of 27 September 2006. No. 152-FZ "On Personal Data" (hereinafter referred to as Law No. 152-FZ) and adopted in accordance with the new regulatory legal acts. Diya legislation on personal data is expanding to all state and municipal bodies, legal entities and individuals, including individual businesses.

Personal data - be it information that is presented directly or indirectly to a physical person (subject of personal data). Here, zokrema, lay a name, im'ya, according to the father's subject, river, month, date and place of the people, addresses, family, social, main camp, enlightenment, profession, income and other data.

Be-yakі dії chi operations with personal data are called processing of personal data. Before such things lie: selection, recording, systematization, accumulation, saving, clarification (updating, changing), editing, rewriting, transfer (expanding, adding, access), separating, blocking, removing, reducing personal data. All tsі dії can zdіysnyuvatisya for additional assistance in automation or without such.

Legal of the FILICHICH (at the number of Indivіdualnі pirmtsi), the sovereign is the municypal vіdemism, the organized organs of the rehabilitation of the persons, and the tacot is vicious, the warehouse of Dannya, the Pidlaagayati (operates data, are called personal data operators (Article 3 of Law No. 152-FZ).

Our conclusion

The Constitution established: the skin may have the right to lack of private life, to special and family secret, to defend one's honor and good name, to secret listing, telephone conversations, mail, telegraph and other information. Selection, selection, selection and dissemination of information about the private life of an individual without permission are not allowed (Articles 23 and 24)

Hiring spіvrobіtnikіv, іndivіdualny pіdpriєmets otrimuє personal dіnі іzosіb. Ale, krіm vіdomosti about pracivnіvnіv, pіd hаdіyаlnosti ІП імуєііnformatsiyu pro partnersі, kliєntіv. Usі ts_ data also fall under the law No. 152-FZ. Zakrema, it is necessary to arrive at a time when personal data is collected from tour operators, hotels, sellers, if they sell their goods in a remote way, if the time of laying down the contract is to request information from the contractor about his personal data (Article 16, paragraph 13 of the Law No. Rules for the sale of goods in a remote way, approved by the resolution of the Order of the Russian Federation on December 27, 2007 No. 612), public, political and religious organizations, if they accept their personal data, to operators of telephone and Internet services.

Bonds of the operator of personal data

Prior to the processing of personal data, the operator of the goiter has been informed about the territorial supervision of Roskomnaglyad for the purpose of his knowledge. The form of the form and recommendations on how to complete it was approved by the order of Roskomnaglyad on 16 April 2010. No. 482.

Article 22 of the Law No. 152-FZ imposes a closure of the reversal of withdrawals, if the overhead strength is not needed (Table 1).

Table 1

Vipadki, if the operator can have the right to collect personal data without informing Roskomnaglyad

	vipadok
	Personal data is processed on a case-by-case basis prior to labor legislation
	Personal data is withdrawn by the operator from the link with the provisions of the agreement, the party to which is the subject of personal data, as personal data is not expanded, and also not given to third persons without the consent of the subject of personal data and is vikoristovuyutsya by the operator exclusively for the violation of the contract assigned to that agreement contracts from the subject of personal data
	The subject of personal data having made data publicly available
	Personal data include only nicknames, names and names according to the father's subject of personal data
	Personal data is required for a one-time pass of the subject of personal data to the territory where the operator is located, or for other similar purposes
	Personal data included: - in the information system of personal data, which may be relevant to federal laws the status of sovereign automated information systems; - to the sovereign information systems of personal data, created with the help of the security of the state and the public order
	Personal data are processed without any effort to automate the data subject to federal laws or other regulatory legal acts that establish the power to secure the security of personal data during their processing of the rights of subjects of personal data
	Personal data is collected from the parties, transferred by the legislation of the Russian Federation on transport security, with the help of the security of the steel and safe functioning of the transport complex, protecting the interests of the individual, the support of that power in the sphere of the transport complex in the act of illegal intrusion
	Персональні дані відносяться до членів (учасників) громадського об'єднання або релігійної організації та обробляються відповідними громадським об'єднанням або релігійною організацією, що діють відповідно до законодавства РФ, для досягнення законних цілей, передбачених їх установчими документами, за умови, що персональні дані не to spread to third persons without favor in the letter form of subjects of personal data

The operator of the goiter should live in whenever he wants to protect personal data, but if such calls are made, he may have the right to appoint independently. Before them, zokrema, it was introduced as follows: recognition of a legal person, seeing internal documents from the protection of personal data, control over their dotrimany, awareness of their practitioners with official standards in the sphere of protection of personal data and their internal rules. The operator of the goiter publishes, in a different rank, secure access to a document that establishes a policy for processing personal data (Article 18.1 of Law No. 152-FZ).

The operator of personal data goitre for 30 days to submit information about the presence of new personal data and to give the possibility of knowing them to the subject of personal data, as well as Roskomnaglyadu and yogo territorial authorities for official requests (clause 1 and 4 of article No. 20 of the Law 152-FZ).

Control over the processing of personal data

Control and supervision over the processing of personal data is the responsibility of the kіlka of the departments. Roskomnaglyad under the control of the processing of personal data is subject to the law. In addition, the department maintains a register of operators that handle the processing of personal data.

The Federal Service for Technical and Export Control (FSTEC) supervises the technical processing of personal data for the sake of cryptographic techniques. In addition, the Federal Security Service of the Russian Federation has been given the FSB of the Russian Federation to improve the control over organizational and technical approaches to ensuring the security of personal data during their processing in information systems. The prosecutor's office can see some obvious improvements in the sphere of personal data by virtue of Article 1 of the Federal Law "On the Prosecutor's Office of the Russian Federation" dated September 17, 1992 No. 2202-1.

However, that order of the departments, if not upovnovazhenі zdiisnyuvaty control and visibility in the sphere of protection of personal data, є unlawful. Federal Arbitration Court of Pivnichno-Kavkazsky District No. A32-26161/2008, having declared that the tax inspection, which sent the company to the power to enable the electronic document management system through the violation of the legislation on personal data, violated the right of the company to freedom of entrepreneurial activity. The inspectors, having exercised zayvogo administrative control, went beyond their competences.

Benefits for processing personal data

The processing of personal data is arranged by the operator at the discretion of the subject of personal data, for a little more than a dozen vipadkiv, as it is looked at later.

The subject of personal data gives information and gives his own income for the purpose of processing, depending on his own will and his own interests. Before the speech, give a year for the processing of personal data can be a representative of the subject of personal data, but in the second case, ob'yazkovo may have a document confirming the renewal of this representative to give a year in the name of the subject (trust).

The year can be concrete, informed and familiar, hang straight, and not be sloppy. So, in one court certificate of the operator of the services of a telephone call, the call was reduced to administrative duty for those that in the standard contract for the services of a domestic and international telephone call, it was only determined the procedure for the provision of these services, but not for an uninterrupted call granting the subscriber access to designated services and notification of new third persons (appreciated by the Federal Arbitration Court of the Pivnichno-Zakhidny District on May 13, 2009, No. A66-17/2009).

I hope in a written form and I am obliged to include the following statements, established by Article 9 of Law No. 152-FZ (Table 2).

The equivalent of the year to avenge the handwritten signature of the subject is recognized as given in the form of an electronic document signed with an electronic signature (clause 4, article 9 of Law No. 152-FZ).

Obov'yazok nadati prove that the subject of personal data as to their processing is relied on the operator.

Table 2

Vіdomostі, yakі may utrimuvatsya at the expense of the subject of personal data for the processing of information

	Vіdomostі
	Name, name, according to the father, address of the subject of personal data, number of the main document, which certifies the person, information about the date of seeing the designated document and the body that saw it.
	Name, name, according to father, address of the representative of the subject of personal data, number of the main document, which certifies the person, information about the date of issue of the designated document, that body that saw it, details of the power of attorney or other document, which confirms the re-instatement of that representative (if you choose a representative of the subject of personal data)
	Name or name, name, according to the father's address of the operator, which takes the subject of personal data yearly
	Purpose of processing personal data
	Transfer of personal data, the collection of which is hoped for by the subject of personal data
	Name or name, name, according to the father’s address of the individual, as if processing personal data for the operator’s instructions, as the processing will be entrusted to such an individual
	A cross-section of personal data, for which one hopes for years, a full description of the methods for processing personal data, which are awarded by the operator
	The term, for the duration of some day of the subject of personal data, and to induce the method of yogic response, as otherwise established by federal law
	Signature of the subject of personal data

In some cases, the names of Article 6 of Law No. 152-FZ, it is necessary to deduct the year from the subject of personal data is neobov'yazkovo (Table 3).

The date of the subject of personal data for the present processing is not obov'yazkovo, as it will be established within the framework of the agreement laid down with him. Thus, the court ruled that the argument was positive about the destruction of one's rights to the protection of personal data through a call to one's special telephone number from the side of submission, which is due to the instructions of the creditor of the creditor. Pozivach did not pay off the fence to the creditor and that he entrusted the contraction of the fence to the third person, having provided the personal data of the borrower. The court has determined that in this case it is not necessary to express it in a special way (the appeal of the Omsk Regional Court on November 10, 2010, No. 33-7056/2010). At the attention of the Federal Arbitration Court of the Skhidno-Siberian District on May 12, 2011. No. A33-10809/2010 it is assigned that the company is given to physical persons who live in service houses, payment documents from the personal data assigned to them for the rest, as part of the validity of the remaining within the framework of the accepted goiter.

One more thing – clients request goods, robotic servants, fill in the questionnaire on the website in an electronic form, in order to retrieve information about personal data. Okremoi is not necessary for the production of data. By adjusting their data according to the algorithm for filling out the questionnaire, physical individuals actually determine their ability to transfer their personal data, so that when processing personal data, letters are considered obsessed (decree of the Federal Arbitration Court of the Pivnichno-Zakhidny District No. A6-7 on 30 13 chest 2009).

It is not necessary for the subject to collect personal data from state information registries, as he himself sent information about himself there. The Federal Arbitration Court of the Moscow District in uhvalі vіd 9 leaf fall 2007 r. No. KG-A40 / 11450-07, having designated that, being a shareholder of the partnership, statements about how to get into the EDRYL, the person himself hangs his fortune on the achievement of personal data in the EDRYL.

The deyakі v_domostі do not shosuyutsya іnformatsії, scho falls under the law on the protection of personal data. For example, there is no confidential information about those who do not pay communal services. Subtybna, not to be in the private life of the same person, not є Tamitsya, Yaku, Yak Volodіyu, izhormatsya, not the right of Rod-Goloshuvati through his profession of the professor of the Permian Kraiy court of VID 5 Zhovtnik 2010, No. 33-8722). In addition, the presence of personal data in the materials of the visual inspection of the prosecutor's office is not є їх processing, in connection with which the prosecutor's office cannot be recognized as illegal (cassation praise of the St.

Table 3

Ways of processing personal data, if it is necessary to take into account the subject of personal data annually

	Processing of personal data:
	necessary for reaching the goals transferred by an international agreement of the Russian Federation or by law, for the enforcement and enforcement of the provisions of the legislation of the Russian Federation on the operator of functions, renewal and obov'yazkiv
	it is necessary for the execution of justice, the victoring of a judicial act, an act of another body or a landowner, which is required to viconnary, it is necessary to comply with the legislation of the Russian Federation on vikonavche provadzhennya
	It is not necessary for the horseman of the sovereign of the muniCiypal obedigs to the federal law of VD 27 Lipnya 2010 Rock No. 210-ФЗ “About the Organization of the Nadanni of Sovereign Later”, for the stagnation of the Nadannya, for the regrasts of the submarine of the personal Dani in the Minniye Surveilla
	it is necessary for the conclusion of the contract, the party of which or the subject of personal data will be the guarantor for any subject of personal data, as well as for the laying of the contract with the initiation of the subject of personal data or the contract, for which the subject of personal data will be the subject of personal data, or the guarantor
	necessary for the protection of life, health, or other important interests of the subject of personal data, as it is impossible to take away the subject of personal data
	necessary for the establishment of the rights and legitimate interests of the operator, or third parties, or for the achievement of meaningful goals for the mind, so that the rights and freedoms of the subject of personal data are not violated
	it is necessary for the development of the professional activity of a journalist and (or) the legal activity of ZMI or scientific, literary and other creative activity for the mind, which does not violate the rights and legal interests of the subject of personal data
	zdіysnyuєtsya for statistical or other important purposes, for the blame for the purposes assigned to Article 15 of Law No. 152-FZ, for the reason for the obligatory distinction of personal data
	processing of personal data is required;
	there is a restriction on the processing of personal data, which is subject to the publication of legal documents and is subject to federal law

We can name a few more cases of personal data on the basis of ship practice.

The submission of personal data without the consent of the subject is allowed by the arbitral tribunal. Vin by virtue of articles 66 and 67 of the Federal Law on Bankruptcy dated 26 June 2002. No. 127-FZ has the right to take away any information that documents related to the activity of the borzhnik (decree of the Federal Arbitration Court of the Zahidno-Siberian District dated 1 September 2010 No. A80-13 / 2009).

It is not allowed to give personal data to the migration service to the military commissar. DIA Migratsya Service at the part of the Vikonnny of Legislation about VIISKOVYA OVIKOVAKOVA TIISKOVA SERVICE OF THE SOURITY ONE COMPLY NOT CASY NADANNYA INFODOSHODOSIB, YAKI SURN INIIDED VIDISKOVOKOVA (RISHENNYA of the Pervorichenky District Sudge eleven).

Personal data cannot be collected by the Federal Antimonopoly Service and the Federal Financial Markets Service. These authorities have not been given the right to collect information about personal data (decree of the Federal Arbitration Court of the Urals District on May 18, 2011, No. F09-2525 / 11-C1, of the Federal Arbitration Court of the Moscow District, on April 5, 2010, No. KA-A30 10).

Lawyers do not have the right to exercise their rights at the offices of personal information. The right of a lawyer to choose the information necessary for the provision of legal assistance, and the obligatory language of the competent authority to give such information, is not expanded on the confidential information established by law. I will be a non-Dannie to the lawyer of the candidenziyna, not a re-shy-hazard lawyer of the right to Nadannya Kovlyphic law (setting the federal arbyal court of the School-Sibir district of VID 18, 2008 r. A58-558/08-F02-6318/08 No. 33-31358).

On the face of it, I deserve the food about the personal tribute to the bailiffs.

Giving personal tribute to bailiffs

Before the singing hour, the judges single-handedly pointed out that the judges had no right to take away personal data. The arbitrators went out of the offensive.

The subject of personal data is not subject to review in the event that the processing of personal data is subject to federal law, which establishes a method, remove the data from such a number of subjects, personal data of such data are processed, as well as the initial appointment of the operator. According to the law on court enforcement (Federal Law of July 2, 2007 No. 229-FZ), and according to the law on court bailiffs (Federal Law of April 21, 1997, No. 118-FZ), the name of the necessary mind and processing of personal data has not been established. Zocrema, the names of the laws do not avenge the transfer of subjects, the personal data of such persons are subject to analysis. Obviously, in order to submit personal data to a third person, the operator of personal data needs a letter from the subject (commended by the Federal Arbitration Court of the Volzky District on 19 June 2011 No. A12-23512/2010).

Federal law dated April 25, 2011 No. 261-FZ introduced amendments to Law No. 152-FZ. Zakrema, article 6 of the law transfers the processing of personal data for the implementation of justice, viconnance of a judicial act, an act of another body or a landowner, yakі pіdlyagayut vikonanny vіdpovіdno before legislation on vikonavche provadzhennya. I year the subject is not needed in these situations.

Regulations of the Federal law dated April 27, 2010 No. 213-FZ on making changes to the law on courts, append that article 64 to the law on vikonavche provadzhennya transfer that the bailiff will take and process personal data for the mind, that the stench is necessary for the timely, completely and correct vikonnanny of documents in obligatory, necessary for . Withdrawal by the court bailiff-viconate in the course of the primus vikonnanny of judicial acts, acts of other authorities and land records, personal data are processed by him, including for the vikonnanny of vikonavchie documents in the necessary for this obligation, due to legalization, established by the Law on personal data.

In this way, at this hour, the law gives bailiffs the right to request personal data from operators and process them, in case of which the bailiff is obliged to state, by what rank, the information that is requested, to secure the documents of the officers.

Death of the subject of personal data

At the time of the death of the subject of personal data, a year is given for the processing of yoga data, as such a year was not given by the subject for yoga of life (clause 7, article 9 of Law No. 152-FZ). Prior to the formation of such a change, it is necessary to zastosovuyutsya zagalnі rules, established for the purpose of the subject. In times of underestimation, however, personal data cannot be given. Thus, the organization took responsibility for preparing its materials, delivering and installing them, and the zamovniks (hulks, who took wine shoes to honor the memory of the dead) wentiter to accept tombstones for the death of the Vyamkov military service veteran. The organization turned back to the Pension Fund for a report about the military servicemen, which confirms their status to the disabled BBB, and, having dismissed the guardianship, turned back to the court. Considering the satisfaction of the organization, the Federal Arbitration Court of the Volga-Vyatka District showed that the company is not small legal support for the collection of personal data (clarified on February 27, 2009 No. A38-1119 / 2008-4-104). In other right, the court found unlawful the information of the news agency that there was more information about the self-destruction of an incomplete girl and її personal data for no good reason. The court ruled to bring the agency about those who didn’t care for a year, the shards of legal capacity and the representation of the citizen were attached to the moment of his death, pointing out the need to ensure the protection of the special rights of the citizen that after his death (appreciation of the Federal Arbitration Court of the District ). No. А33-14182/07-Ф02-2899/08).

Vidpovidalnist for violating the law on personal data

For violating the law-established order of collection, seizing, vikoristannya chi rozpovsyudzhennya іnformatsії pro gromadyan (personal data) transferred v_dpovіdalnіst vіdpovіdalіnі vіglyadі poperedzhennyа chi fine. Penalties are imposed at the following rates: for the public, from 300 to 500 rubles; for gardening houses - from 500 to 1000 rubles; for legal entities - from 5 thousand. up to 10 thousand rub. (Art. 13.11 of the Code of Administrative Offenses of the Russian Federation).

In addition, the subject of personal data, as the illegal actions of the operator of personal data, due to their extensions, are given shkodi, have the right to demand compensation for moral shkodiya, or a full blown blow (Articles 11, 12, 15, 152, ch. 59 Central Committee of Ukraine).

Vіdpovіdno up to part 2 of Art. 85 of the Labor Code of the Russian Federation processing of the practitioner's personal data - tse otrimannya, zberіgannya, kombinuvannya, transfer of more or less personal data of the practitioner.

The scorching of the personal dannias of the pratsikhnik can be resiliented with the meta dotia dotrimann, the same normative right -acting acts, the trustees of prazlavnni, in the service of the service, and there is a tagging of the same anchor to the tagging. article 86 of the Labor Code of the Russian Federation).

Vіdpovіdno up to paragraph 3 of Art. 3 of the Federal Law “On Personal Data”, the processing of personal data is the process of processing personal data (operations) with personal data, including the collection, systematization, accumulation, saving, clarification (updating, changing), rewriting, expanding (transferring), not separating, blocking the violation of personal data danich. The mother’s care should be taken into account, which is independent of the number of functional operations, which can be overruled in legislation, legal regulation can cover all stages of the processing of personal data - in the event of taking it down to the point of being reduced without any faults and blaming.

Prior to the principles of processing personal data, the Law shall:

legitimacy of goals and methods of processing and summation;
the validity of the purposes of the processing of the purposes, appointed by us at the time of collection of personal data, as well as the operator’s details;
validity is obligatory on the nature of the harvested data, methods of processing for the purposes of their processing;
the reliability of personal data, their sufficiency for the purposes of processing, the inadmissibility of processing personal data, as it does not interfere with the purposes, statements during the collection of data;
the inadmissibility of the association of creations for insane purposes of the data bases of information systems of personal data.

The collection of the personal data of the practitioner is charged with a fee. For the rule of thumb, all personal data should be taken from the practitioner himself. In vinyatkovyh cases, if the personal data of the practitioner can only be taken from a third party, the practitioner is guilty of buti vodomleniya pro zazdalegіd і vіd nіgo maє buti otrimana letter zgoda. The roboticist of the goiter tells the doctor about the number, the transfer of the dzherel and the ways of taking personal data, as well as about the nature of giving the taking of personal data and the heritage of the doctor to give the letter of the year for their removal (clause 3 of article 86 of the Labor Code of the Russian Federation). However, the personal data of the practitioner about his political, religious and other changes and private life, the robot seller does not have the right to refrain from processing (clause 4, article 86 of the Labor Code of the Russian Federation). Also, the roboticist cannot provide information about the health of the practitioner, as it is not considered to be the best food for the opportunity of the practitioner to perform labor functions (Article 88 of the Labor Code of the Russian Federation).

Okremі vomogi Labor Code of the Russian Federation presents to the organization and technology of processing personal data by a robot provider. The obligation to know the practitioners and their representatives according to the documents of the robot, to establish the procedure for processing the personal data of the practitioners, as well as about their rights and obligations to the gallery, transferring the need for the distribution of such a regulatory legal act. Such an act, depending on the specifics of the duty and the investigation of the robot, may be referred to as provisions or instructions and, as a rule, includes the following divisions:

basic understanding of that position;
collection of personal data of the practitioner;
forming personal data of the practitioner;
form, saving and transfer of personal data of the practitioner;
rights and obov'yazki pracіvnik in galuzі obrobki and zahistu yogo personal data.

Such a local normative legal act establishes the regime of confidentiality (limited access) of the personal data of a practicing roboticist. Spivrobitniki robodavtsya, otrimuyut personal data pratsіvnik, goiter to the regime, which must be specified in their planting instructions, and which are laid down in her employment contracts. The regulation (instruction) on the protection of personal data is the main document that reflects the specifics of the processing and transfer of personal data of the practitioner at the boundaries of a specific organization, at a single individual enterprise. At the same time, within the framework of the activity of an automated warehouse robot, the seller does not have the right to accept any solution that is based on personal data, including the removal of both automated processing and electronic processing (clause 6 of article 86 of the Labor Code of the Russian Federation). A robot vendor can agree to the regulations on the protection of personal data of practitioners from his organization. The evidence of this local act is obov'yazkovoy, as it is seen by the state inspection of practice as a serious violation of labor legislation.

For the price of other violations of the norms that regulate the otrimannya, labor and practice, the robotic provider can attract the guilt to the material, disciplinary capacity, and the state authorities - to the civil-legal, administrative-criminal one.

Today it is simply impossible to reveal the activity of any organization without processing information.

Take care of skin, take care of victorious differences, business partners, clients, and other physical features.

Unauthorized access to these data may lead to waste or change, which may negatively affect the activity of the company.

However, it is planned to transfer special information, for example, for issuing a bank payroll card or for a health insurance program, then it is necessary to issue and enforce obov'yazkovo. This document can be folded like paper, and in electronic form.

After that, the skin roboticist should recognize the person responsible for organizing the data collection. Such a special person can be a kind of practitioner, a kind of proishov instructing.

Considering the high significance and value of personal information, the state is talking about securing the rights of its own citizens in the sphere of protection of individual information and the goiter of all robotic workers to create minds for others within the framework of their organization.

How to save data, accept it independently, fixing the order of saving from the first document, as a rule, from the Regulations on Personal Data, or from the Rules of Internal Order.

When reviewing the special data of the practitioner, it is necessary to remember that:

the transfer of individual records to third persons was safely fenced without the doctor's permission. The blame here is the situation, if it is necessary for the advancement to threaten the health and life of the people;
under the fence there is a transfer of data about a spivrobitnik with a commercial method without permission;
individuals who collect personal data, are not guilty of voicing, are subject to the confidentiality regime (the waiver for non-disclosing can be recorded in the landlord instructions);
information is transmitted within the framework of one organization, in one robot, according to an internal company regulatory act, for which the information of the skin spivrobitnik is to blame;
access to the data base is allowed only for limited persons and they use only the information necessary for them to perform their labor functions;
the collection of information about the camp of healthy workers was fenced off, for a little bit of information, as it was implicitly tied to food about the possibility of vikonanniya posadovy obov'yazkiv.

Blame it on the transfer of data to the dean of the Sovereign bodies about the unfortunate fallout, as well as the enforcement of reports to the FIU, the tax service, the Social Insurance Fund, the service of state control and keeping an eye on the violation of labor legislation.

Best of all, as specialists, as they collect personal data, they are familiar with other practitioners. At work places, there are places where safes can be placed for collecting documents.

The Labor Code specifies the following rights of workers:

to know how personal information is collected from the robot, and how it is processed;
mothers have free access to their data and take copies of records;
to appoint representatives of the defense of their data;
take medical data about your health;
vimagati excluding or correcting incorrect information about oneself;
ask the robot about information about all third errors, which were given incorrectly or incorrect information, about all corrections, additions, faults;
to file before the court at the time of the wrongdoing of the robots at the office of the obrobki and the protection of information.

In this manner, the organization of the processing of personal records of practitioners on the current year has resulted in the stagnation of a number of visits:

beginning with the development of goals and the warehouse of work and personal information, the development of internal company regulatory acts,
ending with the appointment of a special statutory arrangement for the collection of documents, victories due to illegal third-party access.

1. The collection of personal data is subject to the provisions of the principles and rules referred to by this Law. Processing of personal data is allowed in the following cases:

1) the processing of personal data is due at the discretion of the subject of personal data for the processing of his personal data;

2) the processing of personal data is necessary for reaching the goals transferred by an international agreement of the Russian Federation or by law, for the enforcement and enforcement of the provisions by the legislation of the Russian Federation on the operator of functions, the renewal and obligations;

3) the processing of personal data is subject to the participation of an individual in constitutional, civil, administrative, criminal justice, arbitration in arbitration courts;

3.1) the processing of personal data is required to complete a judicial act, an act of another body of a landowner, if it is necessary to comply with the legislation of the Russian Federation on the judicial act (hereinafter referred to as a judicial act);

4) обробка персональних даних необхідна для виконання повноважень федеральних органів виконавчої влади, органів державних позабюджетних фондів, виконавчих органів державної влади суб'єктів Російської Федерації, органів місцевого самоврядування та функцій організацій, що беруть участь у наданні відповідно державних та муніципальних послуг, передбачених Федеральним законом dated April 27, 2010, dated 210-FZ "On the organization of state and municipal services", including the registration of the subject of personal data on a single portal of state and municipal services and (or) regional portals of state and municipal services;

(div. text at the front edition)

5) the processing of personal data is necessary for the execution of the contract, by the party of any one or the other vigodonating or the guarantor for the subject of personal data, as well as for the laying of the contract with the initiation of the subject of personal data or the contract, for which the subject of personal data will be either guarantor;

(div. text at the front edition)

6) the collection of personal data is necessary for the protection of life, health, or other important interests of the subject of personal data, as it is impossible to collect the subject of personal data;

7) the processing of personal data is necessary for the protection of the rights and legal interests of the operator or third parties, including the cases, transferred by the Federal Law "On the protection of the rights and legitimate interests of physical objects in the event of an increase in the legality, the Federal Law" About micro-financial activities and micro-finance organizations", otherwise, for the achievement of meaningful goals for the mind, under which the rights and freedom of the subject of personal data are not violated;

(div. text at the front edition)

8) the processing of personal data is necessary for the development of the professional activity of a journalist and (both) legal activity for the use of mass information, or for scientific, literary and other creative activity for the mind, so that the rights of such a person are not violated by such legality;

9) the processing of personal data is carried out for statistical or other historical purposes, with the exception of the purposes assigned to Article 15 of the Law, for the obligatory interpretation of personal data;

10) processing of personal data is allowed, access of a non-international stake to those given by the subject of personal data or on the other hand (hereinafter - personal data, broken by a globally accessible subject of personal data);

11) it is necessary to process personal data, which is subject to publication or obligatory rozkritty in accordance with federal law.

1.1. The processing of personal data of the objects of the sovereign defense and members of their families is subject to the improvement of the features transferred by the Federal Law of 27 May 1996 N 57-FZ "On the sovereign defense."

2. The specifics of the processing of special categories of personal data and the creation of biometric personal data are established in accordance with this Law.

3. The operator has the right to entrust the processing of personal data of another person at the expense of the subject of personal data, unless otherwise transferred by federal law, on the basis of an agreement that fits with a special price, including a state or municipal contract, or by an authority of a municipal power vodpovidny act (hereinafter - the authorization of the operator). The person, as zdіysnyuє processing of personal data for the instructions of the operator, goiter is obliged to comply with the principles and rules for the processing of personal data, transferring them under the Federal Law. In the guest of the operator, the guards Voti Vozno -Pereperelik (operation) with personal Danimi, yaki will be a special special, they are resiliented by the rehabcons of the personalities, the same busties of the ruling of the dumplings of the people , as well as may be appointed to zahistu problyuvannyh personal data vydpovidno up to Article 19 of the Law.

4. A person, as an employee of the processing of personal data on behalf of the operator, is not required to allow the subject of personal data to process his/her personal data at any time.

5. As the operator entrusts the processing of personal data to another person, the operator is liable to the subject of personal data for the designated person. The person, owing to the processing of personal data for the instructions of the operator, submits it to the operator.

Federal Law No. 13-FZ dated 07.02.2016 (hereinafter referred to as Law No. 13-FZ) strengthened the administrative liability for violating the legislation on the protection of personal data and differentiated the warehouse of administrative offenses. From the 1st day of 2017, the date of failure to comply with the rules regarding personal data, established by the Federal Law of July 27, 2006 No. 152-FZ (hereinafter - the Law No. 152-FZ), shall be lifted by the Razi.

The maximum amount of legal fines is 75 thousand. krb. (At one time - 10 thousand rubles). Obviously, robots who do not attach due respect to the rules for the collection of personal data need to be concerned about it. In the other case, the inconsistency can turn out to be a significant financial cost for them.

New administrative fines

Law No. 13-FZ rewrites the provisions of Art. 13.11 CAP RF. The new edition clarified the storage of administrative offenses under the legislation on personal data and reduced the amount of fines.

	Warehouse of administrative law enforcement	Rozmir fine,
	The collection of personal data from legal acts that are not transferred by the legislation of the Russian Federation, or else their processing is not summous with the method of collecting these data, for the vinnyatkiv, transferring part 2 of the statute, which means that it is not necessary to avenge a criminally punishable act	For DL - type 5 to 10, for DL - type 30 to 50.
	The processing of personal data without permission in a letter form of the subject for the processing of personal data in cases of violations, if such a process can be canceled legally before the legislation of the Russian Federation, so that it does not avenge a criminal act, otherwise the processing of personal data is violated by the legislation of the Russian Federation statements that are included after a year in the letter form of the subject of personal data for the processing of yoga data *	For DL - type 10 to 20, for DL - type 15 to 75
	Nonviolation by the operator of the obligatory obligation to publish by the legislation of the Russian Federation, or otherwise secure access to a document that determines the operator’s policy regarding the processing of personal data, or information about the benefits that are being implemented, until the protection of personal data	For DL - type 3 to 6, for IP - type 5 to 10, for PL - type 15 to 30. Replacing a fine can be broken ahead
	Non-compliance by the operator of the obligation, transferred by the legislation of the Russian Federation, on how to submit personal data to the subject of information about how to process personal data	For DL - type 4 to 6, for IP - type 10 to 15, for PL - type 20 to 40. Replacing a fine can be broken ahead
	Nevikonannya by the operator at the line, established by the legislation of the Russian Federation, even the subject of personal data, either representative or authorized by the body to defend the rights of those subjects about the clarification of personal data, their blocking, or abridgement at times, i.e., data is inaccurate, outdated, inaccurate, illegal otrimanim or not necessary for the declared method of processing	For DL - type 4 to 10, for IP - type 10 to 20, for PL - type 25 to 45. Replacing a fine can be broken ahead
	Infinited by the operator, under the incorruptible dannies without a vicoristan, there are an automatic reconstruction of the dot -dot -dot -downstake, they forget the same to the legislation of the Russian Federation with the zberezhniy Matteric nose of the persons, the nesting nasopians were discharged, the Yakshcho was discharged, the Yakshchi їх iznischennya, Change, blocking, copying, imposing, expanding or otherwise illegal under personal data, for the presence of a sign of a criminally punishable act	For DL - type 4 to 10, for IP - type 10 to 20, for PL - type 25 to 50

* Appointments a fine is imposed for skin damage, the amount of the fine is 15 - 75 thousand. rub. as a result, it can grow to significant growths.

Povnovazhennya shdo rupture inquiries about administrative pravupushennya for Art. 13.11 of the Code of Administrative Offenses of the Russian Federation transferred to the prosecutors of Roskomnaglyad (in the new edition of paragraph 58, part 2, article 28.3 and part 1, article 28.4 of the Code of Administrative Offenses of the Russian Federation). Ale look at it right, like before, you will be judged (part 1 of article 23.1 of the Code of Administrative Offenses of the Russian Federation).

Before the house:

The Crimean Roskomnaglyadu should be reconsidered by a robotic provider of legislation in the sphere of personal data, including Rostrud. Aje laid down goal. 14 of the Labor Code of the Russian Federation (similar to the Law No. 152-FZ), it was determined that the personal data of practitioners and the guarantee of their protection were taken until the processing of personal data. The inspectors of the practice were given renewals of how the protocols were compiled about administrative law violations, including the transfer of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, in case of violation of labor legislation (clause 16, 2, article 28.3 of the Code of Administrative Offenses of the Russian Federation).

First, let's look at the information about those, how robots give up fines, it is understandable, what is understood under personal data, the processing of personal data by the operator.

Personal data.

Personal data - information that is directly and indirectly presented to the subject of personal data (that of a physical individual) (Part 1, Article 3 of Law No. 152-FZ). Tobto won't allow you to unequivocally signify, about the yak itself, the person goes.

Whether there are any specific indications for the fact that they are worthy of personal tribute, there are no decent legislation (there are no such laws in Law No. 152-FZ, nor in head. 14 of the Labor Code of the Russian Federation). The new one has only more primal principles. As a matter of fact, it is understandable, what is being considered, є estimating, what gives a singing space in the qualification of quiet chi іnshih information about a physical person as a personal data. It is obvious that such things should be taken into account in front of us, on the basis of which it is possible to unreservedly identify the subject of personal data. As a rule, such a guide, as a rule, helps himself, accepting a job. Personal information can be taken from a third party, honestly, from a letter of a lawyer (year. 3, article 86 of the Labor Code of the Russian Federation). At their own discretion, the distinctions cannot be made up to the category of personal data.

name of my father;
Date of that place of nationality;
address (place of registration);
family, social and main camp;
enlightenment, profession;
reach, mine that mine goiter.

All important special data. Krim them, Law No. 152-FZ says:

special personal data (community of racial, national affiliation, political views, religious and philosophical changes, becoming healthy, intimate life). Following the rule of law, the processing of tsikh danih is fenced. Vinyatok - vipadki, peredbachenі part 2 tbsp. 10 named to the law;
biometric personal data (characterize the physiological and biological characteristics of a person, on the basis of which it is possible to identify the characteristics). For the processing of such statements, the subject of personal data is required. Vinyatok - vipadki, part 2 of Art. eleven.

Before the house:

Personal data of practitioners, as a rule, are included in future documents:

at the passport to another document, which is the name of the person;
at the labor book;
in documents about the military appearance, lighting, warehouse sіm'ї;
at dovidtsi about income from the front job;
in the questionnaire, scho zapovnyuєtsya pіd hour pratsevlashtuvannya;
at the special card of the practitioner (form T-2);
at testimonials about the laying of the dress, the people of the child;
at medical dovidkah; that in.

Copies of transferred documents, crim questionnaires, work books and special cards are taken from the robot seller.

Processing of personal data.

Under the processing of personal data, it is necessary to understand whether it is a diyu (abo sukupnіst dіy), what to do with them (with the help of automatization or the selection of such). The selection, recording, systematization, accumulation, saving, clarification (updating, changing), deletion, derivation, transfer (expansion, addition, access), delimitation, blocking, removal, reduction of data (part 3 of article 3 of Law No. 152-FZ).

The purpose of processing personal data is assigned to part 1 of Art. 86 of the Labor Code of the Russian Federation, and її main principles - art. 5 Law No. 152-FZ.

* Vіdpovіdno to st. 87 of the Labor Code of the Russian Federation, the procedure for the collection and collection of personal data of practitioners is established by the robot-seller independently under the Labor Code and other federal laws (including Law No. 152-FZ).

An important nuance: the legislation did not stipulate that personal data could not be obligated to the extent that the operator (robotic supplier) can process for the sake of (or without) his subject. Otzhe, the parties have the right to establish obligatory obligations and obroblyuvannyh vіdomosti independently. It is necessary for anyone to be insured that, apart from the law, the order can be taken for the processing of records and up to the order of their processing, they should be separated according to the type (rank) of personal data.

Operator.

Operator - a person who organizes and arranges the processing of personal data (part 2 of article 3 of Law No. 152-FZ).

If you are appointed to the appointment, be it a robot supplier (a legal person or an individual entrepreneur), who has won the personal data of a practitioner of his order. Since then, at this point in time, it is clear that Law No. 152-FZ is subject to obligations to protect and secure the personal data of practitioners.

When tsimu vіdpovіdno to h. 1 tbsp. 18.1 According to Law No. 152-FZ, the skin operator is responsible for independently designing the warehouse and transfers of entries necessary and sufficient for the provision of the footwear, transferring them under the law. One of these visits is the observation by the operator of a local regulatory act, which establishes the procedure for processing the personal data of practitioners in the organization. Tsgogo vіd operator vimagayut Art. 86 and 87 of the Labor Code of the Russian Federation. At the local act (the name of the vin is called the Regulations on personal data), the right-hander and obligations are assigned as the subject of personal data, and the operator.

Submissive: the presence of the assigned document at the robot supplier is obligatory. For yoga vіdsutnіst fahivtsі Roskomnaglyad can fine the operator (that yoga posadovih osіb) on the basis of part 3 of Art. 13.11 CAP RF.

Wimogi up to the execution of the regulations on personal data.

When laying down the Regulations on personal data, it is necessary to protect the removal, processing, collection and selection of personal data of practitioners, established by Law No. 152-FZ and goal. 14 of the Labor Code of the Russian Federation. Vykhodyachy z names of normative acts, in the provisions on Personal data, the following should be indicated:

transfer of information that belongs to the category of personal data;
such documents as to collect personal data of practitioners, the operator submits to various government agencies (budget funds, taxes, labor inspectorates, statistics agencies, etc.);
alteration of the landowner's estates, endowing them with remembrances from the work, collecting and winning personal data, that is, vidpovidno, vіdpovіdalny for violating the laws;
who in a certain way can have access to taking away personal data;
come in, direct to the savings and non-disclosure of personal data, as well as the procedure for their transfer (in the middle of the organization and third parties);
the procedure for submitting personal data to the subject of information on how to process data;
the procedure for clarifying the personal data of practitioners, their blocking and embarrassment;
wash that procedure for collecting personal data of spivrobitnikiv.

An important aspect: the robotic worker should vrahuvati vimogu part 8 of Art. 86 of the Labor Code of the Russian Federation, de it is said that the practitioners and their representatives may be aware of the provisions on personal data. The operator, by means of the appointment method, may, for example, draw up a special journal, with whom the practitioners can write, confirming the fact of knowledge. Ale є y іnshі ways to find out about the signature, for example, to express this fact in the employment contract.

Also, the regulation on personal data is, perhaps, the main document, the presence of which is necessary for legislation. Yogo vіdsutnіst mozhe statuy podstavoy for the invoice to a fine for hours 3 and 4 of Art. 13.11 CAP RF. But this is not a single document, which operator can issue for a proper vikonnannya, according to the law.

A year for processing that transfer of personal data.

Part 1 tbsp. 9 Law No. 152-FZ says that the year can be specific, informed and informed. It may be given by the subject of personal data (or by a representative) in any form that allows you to confirm the fact of your omission, which is not otherwise established by Law No. 152-FZ. Directly at the one who has the right to collect personal data, the letter can be drawn up in writing, at whose law it is not said.

Ale! Part 2 Art. On 13.11 of the Code of Administrative Offenses of the Russian Federation, the operator’s liability and legal fees for the processing of personal data were awarded:

without permission from the letter of the subject of personal data for the processing of his data in vipadkah, if such a year can be taken away by the legislation of the Russian Federation, so as not to avenge the criminal act;
otherwise, due to the violations of the laws of the Russian Federation, he could up to the warehouse of records, which would be included in the letter form of the subject of personal data for the processing of data.

To come out, if the legislation in the sphere of personal data needs to be removed from the subject of these data, then it can be drawn up in writing (pretty well, the single form has not been passed by the legislation). Adzhe, in times of emergency situations, to bring the fact of otrimannya to the operator (Part 3, Article 9 of Law No. 152-FZ). The 1st letter form will be better in this vipadka than the pre-river one.

In view of the above, the robot provider-operator may have the sense to file and confirm as an addendum to the Regulations on Personal Data a form allowing the practitioner to process and transfer such data. Dodamo, that Law No. 152-FZ allows registration of the form of an electronic document.

What do you need to tell the villain?

Vymogi to zmіstu letter zgodi for vypadkіv, if it is necessary through the law, part 4 of Art. 9 Law No. 152-FZ. And here you can turn it on:

P.I. O., the address of the practitioner, the details of the document certifying the person, including the date of seeing and the statement about the organ that he saw.
In case of rejection, you need to provide the representative of the practitioner - yogo P.І.B., addresses, details of the document, which certifies the person, including the date of issue and information about the organ, having seen yogo, requisites of the power of attorney, or another document that confirms the representative's reappearance.
Name abo P.I. O. to the address of the robot.
Purpose of processing personal data.
Transfer of personal data, which are processed.
P.I. O. to the address of the individual or the name of the organization, which makes it possible to collect personal data for the assignment of the robot, as it is entrusted to such an individual organization.
Perelik diy from personal tributes, skoєnnya such pratsіvnik given to the year, a full description of the ways of their processing.
Lines, stretching out some kind of work of a practitioner for the collection of some personal data, that way of calling out is good.
Practitioner's signature.

In other cases (if the legislation does not help the practitioner), there are no special measures to improve the Law No. 152-FZ. Vodnochas zagalne rule, peredbachene h. 1 tbsp. 9th law (about the specific, informed that svіdomu zgoda), without saying anything. Therefore, for every occasion, there may be specific assignments of personal data, the purpose and methods of their collection and saving.

If it is necessary to take a year for the collection of data, and if not?

Law No. 152-FZ allows the processing of personal data of spivrobitnikiv both for their own sake (clause 1, part 1, article 6), and without it.

There is a trace of respect for Roskomnaglyad Roz'yasnennya. In the opinion of officials, the processing of the personal data of the practitioner does not impair the removal of the appointed person for the reason that the personal data obtained by the robot provider do not exceed the established relics, but also for the purposes of processing, the transfer of labor legislation.

It is not necessary to formalize the doctor’s permit for the collection of personal data, as the stench is taken away	Dzherelo
Z dokument_v (vіdomosti), scho presented p_d hour of laying the employment contract	Article 65 h. 4 art. 275 of the Labor Code of the Russian Federation, paragraph 5 of the year. 1 st. 6 Law No. 152-FZ
For the results of obov'yazkovy front medical look around, I'll be healthy	Article 69 of the Labor Code of the Russian Federation, paragraph 3 Roskomnaglyad
From special cards for other cases, established by the legislation of the Russian Federation (for example, with the withdrawal of alimony, issued admission to the sovereign tashnitsi, issued social payments)	Item 2
Type of recruitment agency, which is in the name of the applicant for a vacant post	Item 5
CV of the applicant, posted on the Internet and available to the non-international community	Item 10 year. 1 st. 6 Law No. 152-FZ, paragraph 5 Roz'yasnen to Roskomnaglyad

If personal data about a reporter can be taken away only from a third party (guessing, the possibility is transferred by Art. 86 of the Labor Code of the Russian Federation), then the fault is to blame for a long distance of information about the process of that kind of may be taken away for the processing of records.

The year is also necessary, as the robot provider plans to collect other data of the practitioner (for example, contact data - the number of the stylist's telephone, the address of the electronic mail).

About the transfer of data.

If you are eligible for processing data, the operator needs to enlist the work of a practitioner for their transfer to third persons (including those with a commercial method), which is required from par. 2, 3 h. 1 tbsp. 88 of the Labor Code of the Russian Federation. In this year, it is also clearly prescribed that the same operation with personal data is the work of the robot provider and that it is meta.

Give respect:

The operator is guilty of avoiding the third error about those that personal data can be recovered only with the help of a method, for which stench is added, and vimagati for the purpose of confirming that the rule has been approved (paragraph 4, part 1, article 88 of the Labor Code of the Russian Federation).

For a number of applications, it is not necessary for a lawyer to transfer personal data to third persons. We give qi vipadki in the table.

The year is not issued for the hour of data transfer *	Dzherelo
Threat the life and health of the practitioner to third persons with a method of delay	Paragraph 2 of Art. 88 of the Labor Code of the Russian Federation, para. 1 p. 4
From budget funds	Paragraph 15. 2 tbsp. 22 of the Labor Code of the Russian Federation, para. 3 p. 4
At the tributes of the organization and the military commissariats	Subparagraphs 1, 2, 4, paragraph 3 of Art. 24 of the Tax Code of the Russian Federation, par. 5 p. 4
On the request of professional splits with the method of control over the completion of labor legislation by a robot provider	Article 370 of the Labor Code of Ukraine, para. 5 p. 4
For the motivational request of the bodies of the prosecutor's office and law enforcement bodies	Paragraph 7 p. 4 Roz'yasny Roskomnaglyad
For a request from the state inspectors of the practice for the hour of their supervision and control activities	paragraph 3 years. 1 st. 357 of the Labor Code of the Russian Federation, para. 7 p. 4
In the organization and organization, as if guilty, they were informed about a serious unfortunate fall, including a fatal one	Paragraph 5 of Art. 228 of the Labor Code of the Russian Federation

* Members of the family, insurance companies, credit institutions, charitable organizations, non-state pension funds and other similar organizations did not succeed before the designated transfer of third parties. Therefore, the operator may have the right to transfer the personal data of the practitioner to the chosen persons only for his written work.

"On making amendments to the Code of the Russian Federation on administrative law violations".

The text of the normative act was ordered by “Acts and comments for an accountant”, No. 3, 2017.

"About personal data".

Div. I will decide the FAS SKR dated 11.03.2014 at reference No. A53-10287/2013.

Regulations on personal data, as and if any other local regulatory act, shall be confirmed by the organization's code of conduct. For the presence of a representative body of practitioners (professionals) appointments, the document may be accepted for the correction of vimog, the establishment of Art. 372 of the Labor Code of the Russian Federation.

"Nutrition for the collection of personal data of practitioners, applicants for filling vacant settlements, as well as for checking with the personnel reserve." Placed on the official website of the department www.rsoc.ru on December 24, 2012.

Actual nutrition of the accounting form and submission, No. 3, 2017 рік