Refusal of the employee to consent to the transfer of personal data


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What is disclosure and dissemination of personal data

The most important principle for processing personal data is confidentiality (Article 7 of Federal Law No. 152-FZ). This means that officials who were allowed access to personal data to perform their job duties do not have the right to disclose and distribute this information to third parties. Article 88 of the Labor Code of the Russian Federation also reminds us of non-disclosure of personal data.

Neither Law No. 152-FZ nor the Labor Code defines the term “ disclosure of personal data”

" Although responsibility for the disclosure of a citizen’s personal data is established by both the Labor Code and the Code of Administrative Offenses of the Russian Federation.

In practice, disclosure is understood as a direct violation of the principle of confidentiality. For example, when an employee’s personal data is transferred to other persons without his consent. The Criminal Code provides for liability for the dissemination of personal data. The distribution of PD by Law No. 152-FZ in Article 3 proposes to understand any actions aimed at disclosing PD to an indefinite number of persons.

Questions and answers from the HR System expert

Is it possible to post “black lists” of employees on the company website?

Yulia DEVIATKOVA, lawyer, expert at the Personnel Business magazine, tells the story.

If you publish on your website a list of employees who have been fired for loss of trust, embezzlement, or repeated violations, the company will be fined. But there are also exceptions.

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Content


Article 9 of the Personal Data Law states that it contains the following points:

  • Full name with the employee's address.
  • Number with the date of issue and the name of the authority that issued the document that certifies the identity of the employee.
  • The name with the legal address of the employer receiving written consent.
  • The relevant purpose for sending personal information to a third party.
  • A specific list of confidential information for the transfer of which the employee is required to give consent.
  • The period during which this document is valid.
  • Procedure for revoking an employee's consent.

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Autoforum of Rostov-on-Don

There will be data transfer in any case.

for example, to the tax office or to funds or to a bank. the piece of paper is a simple formality to comply with stupid laws. I’m generally surprised that there is no paper yet about the transfer of biomaterials; write an application for leave, if you didn’t take it and “go abroad” I don’t understand the reasons for the hysteria.

There will be data transfer in any case. for example, to the tax office or to funds or to a bank.

the piece of paper is a simple formality to comply with stupid laws. It’s clear that it’s nothing terrible, BUT why do they demand this?

https://youtu.be/Kj2Tsf1OZsQ

Even at their main place of work, the employee is in no way obliged to provide a personal phone number, personal email, bank account number, or driver’s license number.

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Article TCRF 88

An employer may disclose an employee’s personal data to a third party only on the basis of the employee’s written consent.
In this article we will look at how to properly process the transfer of personal data to a third party. The Regulations define the procedure for handling (receiving, storing, combining, transferring and any other use) with personal data of employees.

There is no unified form of the document; it is drawn up in free form.

The composition of personal data of employees, the procedure for obtaining, storing, combining and transferring personal data.

Attention! The employer is obliged to familiarize the employee with the Regulations on the protection of personal data against signature before concluding an employment contract.

Advice In the appendix to the Regulations on the Protection of Personal Data, it is recommended to indicate a list of persons who have access to the personal data of employees.

3. The legal recipients of the employee’s personal data are: the Social Insurance Fund of the Russian Federation; Pension Fund of the Russian Federation; Federal Labor Inspectorate; Other bodies of state supervision and control over compliance with labor legislation;

Executive authorities, trade unions involved in the investigation of industrial accidents. Information about a group industrial accident, a serious industrial accident, or a fatal industrial accident must be sent by the employer to the organizations named in Art.

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