If you do not obtain consent to the processing and use of personal data

The entrepreneur stores standard information about employees: name, contacts, passport number, past places of work. This information is people's personal data. It must be collected, stored and disposed of according to the rules of the law.

If personal data is stored incorrectly, the business will be fined by Roskomnadzor. In an even worse situation, personal information will leak to banks, competitors and former spouses of employees. Then the obligation to compensate for moral damage will be added to the fine.

To avoid fines and courts, you need to set up work with employees’ personal data once. The good news is that it's easy to do yourself. We'll tell you how.

Basic information about personal data:

Chapter 14 of the Labor Code of the Russian Federation

Law No. 152-FZ On personal data

Regulations on the specifics of processing personal data without automation tools

Consent to the processing of personal data

In accordance with Art.
9 of the Law “On Personal...” dated July 27, 2006 No. 152-FZ, the subject of personal data independently decides to grant the right to process and use this information by third parties. Consent is provided in writing (and if data is transmitted via the Internet, electronically). Personal data without penalties Completion time: about 5 minutes. Take the test

The need to provide personal information arises constantly: during a medical examination in a clinic, employment, and even when placing an order in an online store.

The party receiving personal information is obliged to:

  • obtain the consent of their owner for processing and use;
  • ensure confidentiality;
  • keep a document confirming that the owner has given permission to work with them.

IMPORTANT! An employee has the right to withdraw consent to the processing of personal data at any time (Part 2 of Article 9 of the Law on Personal Data). In such a situation, continued processing of the employee’s personal data without his consent is possible if there are grounds listed in clauses 2 - 11, part 1, art. 6, part 2 art. 10, part 2 art. 11 of the Law on Personal Data.

Violation of these requirements entails the application of liability measures to the personal data operator.

What is employee personal data

Personal data is any information about a person from which it is possible to understand who we are talking about - Art. 3 of Law No. 152-FZ.

There is no clearer definition. Therefore, employers are required to keep track of all documents containing names, dates of birth, addresses and similar information about employees.

Here's a list for reference:

Personnel documents - employment contracts, work books, personal cards, orders for leave and reprimands, applications for leave.

Copies of documents from the employee - passport, SNILS, birth certificates of children.

Accounting documents - pay slips for salaries and bonuses. Any information about salary is, in principle, personal data, it is secret. This is stated in the Letter of Roskomnadzor dated 02/07/2014 No. 08KM-3681.

Photo of the employee - for example, for a pass.

Fingerprints are biometric personal data. The same rules apply to them.

Informal documents - resumes, questionnaires, characteristics, tests for psychological compatibility of Scorpio and Ophiuchus in the active phase of the moon.

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