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What is personal data and how to protect it?

What is personal data and how to protect it?


In 2006 the State Duma of the Russian Federal Assembly adopted the basic normative legal act in this area - the Federal Law dated 27.07.2006 number 152-FZ "On Personal Data", which has clearly regulated all matters relating to the receipt, use, transfer and other operations with personal data, as well as its protection.

Russian legislation protects human rights in the processing of their personal data, including the right to privacy, personal and family privacy. Thus, in accordance with this law personal data is absolutely any information that relates to a specific or defined (directly or indirectly) individual. The basic personal data that occur in everyday life, is the surname, name and patronymic of the subject (a natural person), date of birth, address of residence or registration, social, property, marital status, data on income, education, occupation, etc.

The collection, storage, use and dissemination of such information shall be permitted only in accordance with the rules established by the Federal Law "On Personal Data".

Individuals who have obtained access to personal data are obliged to maintain its privacy, if they do not have the consent of the person on its distribution.

By virtue of art. 9 of the Law the subject of data decides to grant his personal data and consent to its processing freely,  of his own volition and in his own interest. Consent to the processing of personal data should be specific, informed and conscious. Consent to the processing of personal data can be given by the subject of personal data or his representative at any enabling to confirm the fact of its receipt form, unless otherwise provided by the federal law. In the case of the consent to the processing of personal data from a representative of the personal data's subject the powers of the representative to consent on behalf of the subject of personal data shall be checked by the operator.

Consent to the processing of personal data may be withdrawn by the subject of personal data.

The obligation to provide proof of the consent of the personal data's subject to the processing of personal data is imposed on the operator.

However, the processing of personal data is allowed in cases expressly determined by law.

For example, for the administration of justice, in order to protect the life and health of the personal data's subject, in exercising professional activities of journalists, scientific, literary or other creative activities.

Violation of the set by the law procedure of collection, storage, use or dissemination of information about citizens (personal data) entails administrative responsibility under art. 13.11 of the Administrative Offences Code of the Russian Federation.

Authorized body for the protection of the rights of subjects of personal data, which is entrusted with responsibility to exercise control and supervision over the compliance of processing of personal data with the requirements of the Act, is a federal executive body exercising functions of control and supervision in the field of Information Technology and Communications - The Federal Service for Supervision in the the field of communications, information technology and mass communications (Roskomnadzor).