In any modern state, work with personal data of citizens is an essential component of ensuring well-being among the population. Such work is regulated by Law 152- "On Personal Data", especially important provisions of which will be considered in this article.
Personal data
What is generally called personal data? Article 3 No. 152-FZ "On Personal Data" provides the wording according to which any combination of information directly or indirectly related to a particular individual, that is, the subject of such data, bears such a name. The collection and storage of information is carried out by a special state or municipal authority, referred to as the operator. Personal data itself may be subject to automated processing, distribution, provision, blocking, destruction, depersonalization or cross-border transfer (transportation abroad).
Naturally, all the functions presented must be provided with something. That is why 152-FZ "On the protection of personal data" establishes a number of conditions and principles on which the entire system should be based.
Data Processing Principles
Article 5 of the normative act under consideration sets forth the basic ideas, conditions and principles on which the entire system of working with civil data should be based. Here are some things to look out for:
- legal and fair basis;
- focus on the protection of the rights and freedoms of man and citizen;
- processing only those data that meet the objectives established by law;
- compliance of the information content with the data specified in the law;
- ensuring the accuracy of personal information;
- data storage in strict accordance with the terms established in the contract.
Only compliance with all the principles presented will help to function and actively develop the whole system under consideration.
On the powers of the subject of personal data
What rights, according to 152- "About personal data", are the direct owners of information about themselves endowed with? According to the law, the subject has the opportunity to consider the transmitted data, make amendments to it, require the operator to clarify this or that information, as well as block or eliminate inaccurate information. The subject has the ability to send repeated requests to the operator, if he has suspicions about inaccurate instructions in some particular moments.
It is also worth pointing out that the data owner has the ability to receive information about the data processing process. Such information should contain information:
- legal grounds and processing objectives;
- confirmation of the fact of processing by the operator;
- about the location of the operator, its name, license, etc .;
- on the timing of information processing;
- other information that does not contradict Law 152- "On Personal Data".
According to article 15, personal data may be processed in order to promote goods or services on the market, or to spread political campaigning.
Operator Responsibilities
The owners of personal information have a lot of powers, and the obligation is only one: providing the operators with accurate and complete information. In the case of the operators themselves, the opposite is true. They have a huge number of duties and a small number of professional rights.
It is worth paying attention to article 18, in which the main obligations of the operators are fixed. It is fixed there:
- timely provision to the subject of everything necessary for the implementation of processing processes;
- providing information about your personality (or about an organization performing operator duties);
- notification of the subject of the completion of processing, the provision of results;
- the performance of their professional functions in strict accordance with the standards 152- "On the protection of personal data".
Separate groups of operator duties are enshrined in subsequent articles of the law. So, we are talking about ensuring safety, working with machines, timely repair of equipment, etc.
About categories of personal data
152- consolidates several groups of personal information. So, processing can relate to a person’s place of residence and the most general data about his personality. Information about a person’s nationality, his worldview, political or philosophical views, state of health or intimate life is not permitted by law.
All information presented is included in the so-called special category, the dissemination of which is allowed only in exceptional cases. What are these cases? Here, in fact, everything is simple: either all the types of information presented are already available, or the subject himself agrees to the processing of such information.
For what purposes can personal information be processed? According to Law 152-FZ "On Personal Data", there can be quite a few such goals. The most common of them are medical prophylaxis, admission to participation in public associations, protection of life or health, and more.
About liability
152- "On Personal Data" establishes the elements of liability for violation of all the norms presented in the law. So, a person who suffers from illegal operator actions is indemnified for moral damage. Compensation itself depends on the degree of damage to property and the losses incurred by the entity.
So that operators rarely violate the rule of law, the law establishes strict control over the entire system under consideration. Such control is manifested in many forms: this is the maintenance of special registers, listening, informing state authorities and much more.