What does personal data processing mean?
Posted: Mon Jan 27, 2025 10:17 am
According to Article 3 of the Law on Personal Data, the processing of personal data is a set of actions related to personal data. Operations can be performed with or without the use of automation tools.
Any activity using PD covers all processes and stages dj email list of working with them, namely: collection, systematization, recording, storage, accumulation, specification (change, update), extraction, application, delegation (distribution, provision, access), blocking, depersonalization, and data destruction.
Employers, according to the law on personal data, are obliged to comply with the requirements for storing personal data. In order to exclude all cases that could lead to legal proceedings, it is necessary to obtain written consent from each job applicant for the processing of his data.
The law provides for certain cases in which written consent is mandatory (Part 4, Article 9 of the Law on Personal Data). This applies to the following situations:
1. When transferring the applicant's personal data from a third party (clause 3, Article 86 of the Labor Code of the Russian Federation). In such a situation, the employee must be warned in advance and obtain his written consent to the processing and storage of information (clause 3, Article 86 of the Labor Code of the Russian Federation).
In the form where the applicant gives his consent, it is necessary to indicate (clause 3 of Article 86 of the Labor Code of the Russian Federation):
the purpose of obtaining the applicant's personal data from third parties;
expected resources for acquiring information (persons from whom data is requested);
methods of obtaining data, their main features;
probable consequences of the employer's refusal to obtain the applicant's personal data from a third party. If the employee refuses to study the notice of possible receipt of his personal data from another person, it would be reasonable to draw up a corresponding act.
If the applicant decides to revoke consent to the processing of his personal data, he has every right to do so (Part 2 of Article 9 of the Law on Personal Data).
Working with his personal data in such a situation is possible only if there are compelling reasons. They are specified in paragraph 2 - part 11 of Art. 1, part 2 of Art. 10, part 2 of Art. 11 of the law on personal data (part 2 of Art. 9 of the law on PD).
There is also information that employers are prohibited from requesting from third parties, even if the applicant gives consent. This information is not related to the tasks listed in paragraph 1 of Article 86 of the Labor Code of the Russian Federation.
2. When transferring the applicant’s personal data to third parties , except in situations where this is necessary to prevent a threat to the life and health of the employee (paragraph 2 of Article 88 of the Labor Code of the Russian Federation).
3. For processing certain categories of personal data of an employee directly related to labor-related issues (clause 4, Article 86 of the Labor Code of the Russian Federation, clause 1, part 2, Article 10 of the law on personal data). This may include information about race, nationality, religion, political views, philosophical beliefs, health indicators, and intimate relationships.
In the event that an employee is recognized as incompetent, written permission for the processing of his data is given by his legal representative (guardian, parent) (Part 6 of Article 9 of the Law on Personal Data). And in the event of the death of an employee, such consent is drawn up by his heirs, unless, of course, it was signed by the employee himself during his lifetime (Part 7 of Article 9 of the Law on Personal Data).
Any activity using PD covers all processes and stages dj email list of working with them, namely: collection, systematization, recording, storage, accumulation, specification (change, update), extraction, application, delegation (distribution, provision, access), blocking, depersonalization, and data destruction.
Employers, according to the law on personal data, are obliged to comply with the requirements for storing personal data. In order to exclude all cases that could lead to legal proceedings, it is necessary to obtain written consent from each job applicant for the processing of his data.
The law provides for certain cases in which written consent is mandatory (Part 4, Article 9 of the Law on Personal Data). This applies to the following situations:
1. When transferring the applicant's personal data from a third party (clause 3, Article 86 of the Labor Code of the Russian Federation). In such a situation, the employee must be warned in advance and obtain his written consent to the processing and storage of information (clause 3, Article 86 of the Labor Code of the Russian Federation).
In the form where the applicant gives his consent, it is necessary to indicate (clause 3 of Article 86 of the Labor Code of the Russian Federation):
the purpose of obtaining the applicant's personal data from third parties;
expected resources for acquiring information (persons from whom data is requested);
methods of obtaining data, their main features;
probable consequences of the employer's refusal to obtain the applicant's personal data from a third party. If the employee refuses to study the notice of possible receipt of his personal data from another person, it would be reasonable to draw up a corresponding act.
If the applicant decides to revoke consent to the processing of his personal data, he has every right to do so (Part 2 of Article 9 of the Law on Personal Data).
Working with his personal data in such a situation is possible only if there are compelling reasons. They are specified in paragraph 2 - part 11 of Art. 1, part 2 of Art. 10, part 2 of Art. 11 of the law on personal data (part 2 of Art. 9 of the law on PD).
There is also information that employers are prohibited from requesting from third parties, even if the applicant gives consent. This information is not related to the tasks listed in paragraph 1 of Article 86 of the Labor Code of the Russian Federation.
2. When transferring the applicant’s personal data to third parties , except in situations where this is necessary to prevent a threat to the life and health of the employee (paragraph 2 of Article 88 of the Labor Code of the Russian Federation).
3. For processing certain categories of personal data of an employee directly related to labor-related issues (clause 4, Article 86 of the Labor Code of the Russian Federation, clause 1, part 2, Article 10 of the law on personal data). This may include information about race, nationality, religion, political views, philosophical beliefs, health indicators, and intimate relationships.
In the event that an employee is recognized as incompetent, written permission for the processing of his data is given by his legal representative (guardian, parent) (Part 6 of Article 9 of the Law on Personal Data). And in the event of the death of an employee, such consent is drawn up by his heirs, unless, of course, it was signed by the employee himself during his lifetime (Part 7 of Article 9 of the Law on Personal Data).