What does the term “personal data” mean?
The law clearly defines this concept: personal data means all information that directly relates to a person as an individual. This:
- Full Name;
- Date and place of birth;
- information from your passport, work book and other documents;
- as well as some characteristics of his personality.
It should be noted that consent to the processing of personal data is required even though not all of this information is confidential and classified.
In particular, they can be divided into three main types:
- publicly available data (full name, gender, date, place of birth, citizenship, etc.)
- biometric (physiological characteristics of an individual, his external parameters)
- special (nationality, religion, health, etc.). This also includes, to some extent, information about a person’s place of work, his relationship with the law, habits, etc.
According to the law, consent to the processing of personal actions is strictly necessary only when it concerns the last two of the above categories, but it is often written in relation to information that is publicly available.
Conditions for transferring Users’ personal data to third parties
4.1. The User's personal data remains confidential, except in cases where the User voluntarily provides information about himself for general access to an unlimited number of persons.
4.2. The site has the right to transfer the User’s personal data to third parties in the following cases:
4.3.1. The User has expressed consent or given instructions to the Site (for example, when registering a domain name with an authorized registrar) for such actions;
4.3.2. The transfer is necessary for the User to use a certain service or to fulfill a certain agreement or contract with the User;
4.3.3. The transfer is necessary for the functioning and performance of the Site itself;
4.3.4. The transfer is provided for by Russian or other applicable legislation within the framework of the procedure established by law;
4.3.5. Such a transfer occurs as part of the sale or other transfer of a business (in whole or in part), and all obligations to comply with the terms of this Agreement in relation to the personal information received by it are transferred to the acquirer;
4.3.6. In order to ensure the possibility of protecting the rights and legitimate interests of the Site or third parties in cases where the User violates documents containing the terms of use of specific services;
4.3.7. As a result of processing the User's personal data by depersonalizing it, anonymized statistical data was obtained, which is transferred to a third party to conduct research, perform work or provide services on behalf of the Site.
Why is consent to processing during employment formed?
When a person gets a job, he gives the employer’s representative his personal documents: passport, work book, SNILS, education certificate, medical book, military ID, etc. As soon as these papers reach the HR specialist’s desk, they receive confidential status (which is ensured by Article 14 of the Labor Code of the Russian Federation), therefore, for their further use (and there is no way to do without this in HR records), it is necessary to obtain the written consent of the employee (clause. 8, Article 65 of the Labor Code of the Russian Federation).
This document should describe in detail how, for what purpose and what specific information from personal data will be used, processed and stored.
It should be noted that by law, all personal information provided to the employer can only be used for business purposes.
Purposes of processing personal data of Users
3.1. The site processes the User’s personal information for the following purposes:
3.1.1. Execution of an agreement to which the subject of personal data (User) is a party, or a beneficiary or guarantor, as well as the conclusion of an agreement at the initiative of the User or an agreement under which the User will be a beneficiary or guarantor;
3.1.2. Identification of the party within the framework of services, agreements and contracts with the Site;
3.1.3. Providing the User with personalized services;
3.1.4. Fulfilling User requests, sending notifications and information regarding the use of the Site at User requests;
3.1.5. Improving the quality of the Site, its ease of use for the User, developing new services;
3.1.6. Targeting of advertising materials;
3.1.7. Conducting statistical and other studies based on anonymized data;
3.1.8. For other purposes provided for, not prohibited and not violating the current legislation of the Russian Federation.
https://youtu.be/YHOyXmnJkL4
If the employee refuses to sign the consent
The legislation of the Russian Federation clearly states that consent must be only and exclusively voluntary, that is, the employer does not have the right to force a subordinate to sign this document, therefore in the practice of HR specialists there are people who refuse to sign consent to the processing of personal data.
This is usually caused by the fact that they do not understand the true purpose of the document: to protect the rights of the employee, but on the contrary, they are afraid that personal information about them will fall into the hands of unscrupulous citizens.
In these cases, the law allows the processing of personal data without the employee’s consent, but only when it is necessary to implement the terms and purposes of a previously concluded employment contract.
Here we should separately emphasize that this applies only to those employees of the organization who are already enrolled in its staff, but in relation to new employees, consent to the processing of personal data must be obtained - without it, in most cases, today it is even impossible to accept a person for work. work. This is due to the fact that an employment contract has not yet been concluded between the parties, which means that the employer does not yet have an obligation to fulfill it.
It is logical that the administration of the enterprise strives to avoid situations where, for example, even in such trifles as issuing a pass to the company’s territory, the lack of consent to the processing of personal data can play a negative role.
Features of children's consent
Sample certificate of employment for a Schengen visa
The main part of the procedure is no different from the document for adults, but there are important features that need to be taken into account. Thus, a child under 14 years of age does not have the opportunity to put a personal signature, so one of the parents or guardians does this for him. The child is indicated as the subject who provides personal information, and information about the parent or guardian is entered.
If only one parent is submitting, the other parent must provide written permission in advance. In the section “About the representative” you must indicate the personal information of the second parent. A marriage certificate is used as a document confirming the rights of one of the representatives; you must indicate its number and series.
Important! As with adult documents, you must fill out all fields carefully; a mistake will lead to refusal.
What is the penalty for disclosing personal data?
As mentioned above, the actions that the employer can perform with the personal data of employees are clearly stated in the text of the consent.
If powers are exceeded to some extent, and, even more so, if some kind of abuse occurs, the most serious liability may arise: ranging from disciplinary and administrative, even criminal.
In order for the employee to have a clear idea of whether the information requested from him does not go beyond what is required by law or whether the authority of the company’s employees according to the text of the consent is not exceeded, one should analyze the document in advance (possibly even using the help of a qualified lawyer) and only then put sign your consent.
In particular, information about whether a citizen has served time in prison is needed only when the position for which he is applying directly requires the absence of a criminal record (in other words, if an applicant wants to work as an advertising manager, he has the right not to have such data give).
Where to give consent
If you obtain a visa to the Schengen zone yourself, then you need to submit the documents directly to the consulate or visa center of the country that is your final destination. It is important to attach all the necessary documents so that obtaining a visa does not take too long.
If registration takes place through a travel agency, then you must also sign a document giving permission to process data for this organization. Such companies have their own forms, which are not much different from the standard ones. Next, the complete package is handed over to the travel agency employee, and he sends them to the consulate.
https://youtu.be/feyyaoGXqNw
Is it possible to revoke consent?
Typically, the action with consent to the processing of personal data occurs like this: when applying for a job, a person signs a document, after which he safely forgets about it. But in some cases, there is a need to revoke a previously signed consent. As a rule, this happens when an employer violates the conditions for storing, using and ensuring the secrecy of information received at its disposal, as well as upon dismissal.
In order to issue a review, you just need to write a statement in free form, demand in it to stop the collection, processing, use, storage of personal data and destroy all information about the subordinate (you must refer to Law No. 152-FZ: clause 1 of article 9 and paragraph 5 of article 22).
This requirement must be met no later than one month after writing the review.
General provisions of the Agreement
1.1. This Agreement has been developed in accordance with the Federal Law “On Personal Data” No. 152-FZ of July 27, 2006, as well as other regulatory legal acts of the Russian Federation in the field of protection and processing of personal data and is valid for all personal data that the Site may receive from the User who is a party to a civil contract.
1.2. This Agreement, including the interpretation of its provisions and the procedure for acceptance, execution, amendment and termination, is subject to the laws of the Russian Federation.
Features of disagreement
Russian legislation prohibits the use of personal information without the permission of citizens. Therefore, in order to obtain a visa, you must provide such information and give consent for employees to review it. Permission is voluntary; no one can force you to give personal information about yourself. The law provides the right to refuse to provide private information.
Without consent, visa centers and travel agencies will refuse to accept documents for traveling abroad. If this is not the first trip, a visa has already been issued, the permit may be retained. This happens in cases where the consent is unlimited or is issued for a long time, the validity period has not yet expired. But this is not a guarantee that you will not have to give consent again.
https://youtu.be/n_jgRNKgdvo
Why is consent required?
After submitting the necessary documents, obtaining a visa begins with studying them, including the applicant’s personal data. The collection and systematization of information is not limited to: the information is saved. Part of it will be reflected in the visa.
https://youtu.be/uaCg-Fh_K24
According to the laws of Russia, storing, accumulating personal information about citizens, and using it without written permission is prohibited. To gain legal access to private information, visa centers require consent from citizens.
If information of this kind is needed for use by organizations within the country, in many cases the questionnaire provides a checkbox giving the right to access personal information.
Foreign institutions require a separate document.
Written consent with a signature gives permission to use personal information about the citizen. At the same time, this is a guarantee that the information will be used for its intended purpose, kept confidential, access to it and transfer to third parties are excluded.
Consent is required in cases where you contact a travel agency or visa center. Registration of a foreign trip through the country's consulate does not require pre-filling out a permit. Information from the questionnaire is processed without it. Consent will be required if special and biometric data are needed.
If, when applying for a visa, a citizen does not give permission to use personal information, his documents will not be considered.
